key to the study guide - Name

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(2) Whose consent is needed if a boy of 16 years wants to marry a girl
of 14 years?
(3) If one or both parents are absent, and the minor cannot obtain
their consent for good reason, whose consent will be necessary
before the minor can enter into marriage?
(4) Whose consent is necessary for the marriage of a minor if one or
both parents refuse to give their consent without adequate reason,
and contrary to the interests of the minor?
. Effect of the absence of the necessary consent
(5) Discuss how failure to obtain consent from the parents or guardian
affects the validity of the minor's marriage.
(6) What will the patrimonial consequences be of a marriage which
was dissolved by the court in terms of section 24A of the Marriage
Act 25 of 1961 on the ground of lack of parental consent?
(7) Discuss the patrimonial consequences of the marriage of a minor
entered into without the necessary consent if the marriage is not
dissolved by the court in terms of section 24A of the Marriage Act
25 of 1961.
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:
X, a man who has already reached the age of majority, and Y, a 19-year-old
girl, decide to get married. Because Y's parents are against the proposed
marriage, and because X and Y do not have enough money to bring an
application in the High Court for the required consent, they get married
on 10 June 1995 without any consent, having concluded an antenuptial
contract in which the accrual system is excluded. What will the position be
with regard to the patrimonial consequences of the marriage if it is not
dissolved?
SUMMARY
In this study unit you learned
. which parties' consent is needed for a minor's marriage
. what effect failure to obtain the necessary consent has on the validity
and patrimonial consequences of the marriage of a minor
. that you must distinguish between the cases where the marriage is
dissolved because of absence of consent and those where the marriage is
not dissolved
In the next study unit we look at the grounds for voidness and voidability
of marriages, and the nature and consequences of a putative marriage.