key to the study guide - Name

62
antenuptial contract, the question arises whether such contract is valid or
invalid. On pages 25±26 of the textbook three opinions on this question
are set out:
In the first place there are some authors who, on the ground of the
wording of the first part of section 24(2) of the Matrimonial Property Act,
are of the opinion that such antenuptial contracts will be perfectly
valid. Make sure that you know what these authors' argument is.
Secondly, there is the counterargument that meaning should also be given
to the second part of section 24(2), and that the consequence thereof
would be that such antenuptial contracts would, according to our
case law, be invalid. Thirdly, the authors of your textbook indicate that
there is also a third interpretation in terms of which only the clause in
the antenuptial contract which excludes the accrual system will be
invalid.
Finally, you should note the constitutional implications of the view that
the accrual system cannot validly be excluded from the minor's
antenuptial contract. This issue is discussed in the second paragraph on
page 26 of the textbook.
ACTIVITY
Summarise the consequences of a marriage a minor concluded without the
necessary consent, regarding the validity of the marriage and the
patrimonial consequences of the marriage.
FEEDBACK
We do not provide a summary; you should draw it up yourself. We do,
however, provide a diagram in order to simplify the studying of this topic.