key to the study guide - Name

Necessary consent
Parties whose consent
is needed
LEARNING OUTCOMES
The purpose of this study unit is to enable you to
(1) indicate whose consent is necessary for the conclusion of the marriage
of a minor under specific circumstances
(2) explain the effect of failure to obtain the necessary consent on
(a) the validity of the marriage
(b) the patrimonial consequences of the marriage if it is dissolved on
the ground of absence of consent
(c) the patrimonial consequences of the marriage if it is not dissolved
PRESCRIBED MATTER
Read
. Prescribed textbook 27±28 ``(iii) The effect of the Matrimonial Property
Act on a marriage a minor concluded without consent before the commencement
of the Act''
Study
. Prescribed textbook 20±26
CONTENT OF THIS STUDY UNIT
1 THE CONSENT WHICH IS REQUIRED FOR THE MARRIAGE OF A MINOR
You have already seen in the previous study unit that minors have limited
capacity to act, and must therefore obtain the necessary consent in order to
have capacity to act for purposes of entering into marriage. We now
discuss this issue in detail. In this regard you should firstly note the
provisions of sections 12, 24(1) and 27 of the Marriage Act 25 of 1961,
which are set out in your prescribed textbook on page 20.
The following activity, which very briefly summarises the position as set
out in your prescribed textbook, should be of value to you when studying
this part of the study unit:
ACTIVITY
Read pages 20±23 of your prescribed textbook and then indicate, by
completing the second column, whose consent, in the respective cases in
the first column, is needed for the conclusion of a marriage by a minor:
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