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56 QUESTIONS NB: Make sure that you can answer these questions properly. They are designed to test your knowledge of the study material in this study unit. . General (1) Define ``marriage''. (2) Is marriage a contract? (3) List the requirements for a valid marriage. . Capacity to act (4) Is the marriage of a declared prodigal completely invalid? Discuss fully. (5) When is a person regarded as mentally ill for the purpose of concluding a marriage? (6) Is a marriage contracted during a lucidum intervallum valid? . Consensus (7) List the forms of material mistake in connection with entering into a marriage. (8) In what circumstances could misrepresentation be regarded as sufficiently serious to render a marriage liable for annulment? . Marriage must be lawful (9) Will the second marriage of a man who honestly believes that he is legally divorced from his first wife, but who is not, be a void marriage? Explain your answer. (10) May a transsexual who has undergone a sex-change operation post-operatively marry a person of the same sex as he or she originally was? Explain your answer with reference to authority. (11) May an adoptive parent marry his or her adopted child? Explain your answer. (12) Explain the concept ``consanguinity''. (13) Distinguish between consanguinity in the direct line and consanguinity in the collateral line. (14) Define the concept ``affinity''. (15) May blood relatives in the direct line marry each other? Substantiate your answer with reference to an example. (16) May blood relations in the collateral line marry each other? Substantiate your answer with reference to an example. (17) May persons related to one another by affinity in the direct line marry each other? Substantiate your answer with reference to an example. (18) May persons related to one another by affinity in the collateral line marry each other? Substantiate your answer with reference to an example. (19) May persons of different races marry each other? Give authority for your answer.
. The prescribed formalities (20) Does non-compliance with section 29(2) of the Marriage Act 25 of 1961 render a marriage void? Substantiate your answer with reference to authority. (21)Isamarriagevalidifitisnotregisteredintermsoftheprovisions of section 29A of the Marriage Act? PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS STUDY UNIT. Below follows an example of a problem-type question: Mr X and Miss Y plan to marry each other on 9 December. They would likethemarriagetobecelebratedonthebeachatMuizenberg.Advise them whether or not this is possible. SUMMARY In this study unit you learned . what a marriage is . what the legal requirements for a valid marriage are . what factors can have an influence on each of the requirements . how these factors influence the requirements for a valid marriage In the next study unit we concentrate on one particular factor which influences capacity to act, and specifically the capacity to enter into a marriage Ð that of minority. The position of a minor was referred to briefly in the present study unit but is discussed in detail in the next study unit. 57
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
Page 32 and 33: Order in which authoritative source
Page 34 and 35: 8 South Eastern Cape local division
Page 36 and 37: 10 without qualification. Where a p
Page 38 and 39: 12 2.4 The magistrates' courts and
Page 40 and 41: 14 STUDY UNIT 2 Content of family l
Page 42 and 43: Wide and narrow meaning 16 branches
Page 44 and 45: 18 STUDY UNIT 3 Historical overview
Page 46 and 47: 20 HAVE YOU READ THE ``KEY TO THE S
Page 48 and 49: 22 Engagement SECTION II Marriage l
Page 50 and 51: 24 Engagement STUDY UNIT 4 The enga
Page 52 and 53: Distinction between engagement and
Page 54 and 55: 28 in the missing words. The words
Page 56 and 57: ACTIVITY This activity tests your u
Page 58 and 59: Lawfulness and possibility Finalisa
Page 60 and 61: ACTIVITY On page 12 of your prescri
Page 62 and 63: 36 engagement, the courts calculate
Page 64 and 65: Action on ground of seduction 38 FE
Page 66 and 67: 40 fallen in love with another woma
Page 68 and 69: 42 marriage itself. First of all yo
Page 70 and 71: Prodigal Insane person Person place
Page 72 and 73: had been so threatened and assaulte
Page 74 and 75: Adoptive parent and adopted child P
Page 76 and 77: Common ancestor prospective spouses
Page 78 and 79: Blood relatives in direct line Bloo
Page 80 and 81: 54 (2) (a) T is related to Mr A wit
Page 84 and 85: Engagement STUDY UNIT 6 The civil m
Page 86 and 87: 60 INSTANCES PERSON/PERSONS/AUTHORI
Page 88 and 89: 62 antenuptial contract, the questi
Page 90 and 91: 64 (2) Whose consent is needed if a
Page 92 and 93: 66 LEARNING OUTCOMES The purpose of
Page 94 and 95: (3) When only can a man apply for t
Page 96 and 97: 70 ACTIVITY Place each of the follo
Page 98 and 99: Legitimacy of a child born of a put
Page 100 and 101: 74 Engagement STUDY UNIT 8 The inva
Page 102 and 103: Variable versus invariableconsequen
Page 104 and 105: Maintenance = support Meaning of ``
Page 106 and 107: Requirements for capacity Terminati
Page 108 and 109: Revocation or limitation of the cap
Page 110 and 111: 84 FEEDBACK This statement is false
Page 112 and 113: 86 (16) Discuss the concept ``house
Page 115 and 116: Matrimonial property law Section II
Page 117 and 118: OVERVIEW In section III we look at
Page 119 and 120: Primary matrimonial property system
Page 121 and 122: 3.1 Assets Joint assets In your pre
Page 123 and 124: Jacob also exchanges the tractor wh
Page 125 and 126: Attachment of separate assets FEEDB
Page 127 and 128: Debts incurred during the subsisten
Page 129 and 130: QUESTIONS NB: Make sure that you ca
Page 131 and 132: Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Marriage in community of property N
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Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
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The accrual in Mr X's estate is cal
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suffered and/or still suffers, and
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Marriage in community of property N
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
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154 (3) the standard of living of t
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. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
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Special rules You must also note th
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166 (15) How do the provisions of s
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168 Now that you know what the grou
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Scope of provisions Lastly, you sho
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172 STUDY UNIT 17 Forfeiture of pat
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Undue benefit Justness and fairness
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176 marriage out of community of pr
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Prerequisites Prerequisite that spo
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4 OTHER CONSIDERATIONS THE COURT TA
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Equal distribution between spouses
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186 (1) the order's source of law (
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188 . Form of a redistribution orde
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190 LEARNING OUTCOMES The purpose o
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Factors Weight attached to factors
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194 FEEDBACK (1) Mrs Kahn will prob
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Dum casta clause party in whose fav
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198 PRINCIPLE CASE NAME (4) The app
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200 . Waiver of the right to claim
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202 LEARNING OUTCOMES After studyin
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Definition of guardianship Awarding
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Mother as custodial parent Your tex
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Custody to a third party In the sec
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210 made a restrictive order simila
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212 . Access (16) What does the con
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214 LEARNING OUTCOMES The purpose o
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Limitation on publication Exception
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218 SUMMARY In this study unit you
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Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
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Position before commencement of the
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Ground for divorce Patrimonial cons
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Customary law part of culture Custo
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232 . Registration of the marriage
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234 . how a customary marriage can
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236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
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240 surviving spouse in a monogamou
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242 and Muslim marriages constitute
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Life partnerships Section VII
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STUDY UNIT 24 Life partnerships MOD
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2 GENERAL The general rule of our l
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espectively, certain job-related be
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. Definition (1) What is a life par
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256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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