Marriage in Community of Property Quiz
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Questions and Answers

Which of the following best describes incorporeal things?

  • Non-physical and intangible (correct)
  • Physical and tangible
  • Composed of matter
  • Living entities

    • A deed of donation is a document used for making a donation from one person to another.

    True

    What are patrimonial damages?

    Damages that can be assessed in monetary terms.

    Delictual debts arise from the commission of a ______.

    <p>delict</p> Signup and view all the answers

    Match the terms with their definitions:

    <p>Satisfaction = Non-patrimonial damages such as pain and suffering Concurrent Administration = Management of joint estate in marriage Customary Marriage = Marriage recognized by cultural practices Deed of Donation = Legal document for making donations</p> Signup and view all the answers

    In the concurrent administration of a marriage in community of property, which of the following statements is accurate?

    <p>One spouse can act independently without the other’s consent.</p> Signup and view all the answers

    The customary marriage between Mr. Broodie and Ms. Ledwaba was valid due to their belief in its legitimacy.

    <p>False</p> Signup and view all the answers

    What percentage of ownership in a Closed Corporation did Mr. Broodie transfer to Ms. Ledwaba?

    <p>75%</p> Signup and view all the answers

    Which of the following claims can Y make against X?

    <p>All of the above</p> Signup and view all the answers

    Y can claim damages for the loss of her arm from X.

    <p>True</p> Signup and view all the answers

    What was one of Y's significant injuries after being pushed out of the car?

    <p>Amputation of her arm</p> Signup and view all the answers

    Y sustained multiple injuries including _____, broken ribs, and a crushed arm.

    <p>concussion</p> Signup and view all the answers

    Match each of Y's incurred damages with the corresponding amount:

    <p>Medical expenses = R50,000 Lost income = R30,000 Pain and suffering = Not specified</p> Signup and view all the answers

    Section 18(b) allows a spouse to claim for delictual damages caused by the other spouse. What does 'delictual' refer to?

    <p>Tortious acts</p> Signup and view all the answers

    The damages Y claims for the loss of income will also be part of the joint estate if successful.

    <p>True</p> Signup and view all the answers

    What is one possible consequence for Y due to the injuries sustained?

    <p>Inability to work for six months</p> Signup and view all the answers

    What can be disputed according to the majority authority regarding marriage contracts?

    <p>Commencement values declared</p> Signup and view all the answers

    Assets that are excluded by a marriage contract are included in the commencement value of a spouse’s estate.

    <p>False</p> Signup and view all the answers

    What must be accounted for when calculating the commencement value according to the Consumer Price Index (CPI)?

    <p>Inflation</p> Signup and view all the answers

    The commencement value is calculated by multiplying the commencement value by the CPI value for the month ________ divided by CPI value for the month of conclusion of marriage.

    <p>dissolved</p> Signup and view all the answers

    Match the terms related to marriage contracts with their definitions:

    <p>Commencement value = Value declared in a marriage contract Excluded assets = Assets not included in the accrual system Antenuptial contract = Legal agreement before marriage Consumer Price Index = Measure of inflation</p> Signup and view all the answers

    What happens if one clause in an antenuptial contract indicates inclusion of an asset while another indicates exclusion?

    <p>The contract is declared void</p> Signup and view all the answers

    The MPA indicates how the income from excluded assets should be dealt with.

    <p>False</p> Signup and view all the answers

    What is the significance of the weighted average Consumer Price Index in the context of marriage contracts?

    <p>It is used to adjust the commencement value for inflation.</p> Signup and view all the answers

    How much is each co-debtor liable for if the total damage to the joint estate is R100,000?

    <p>R50,000</p> Signup and view all the answers

    A spouse in a marriage in community of property requires the other spouse's consent to complete any juristic act regarding the joint estate.

    <p>False</p> Signup and view all the answers

    What is the role of consent in the transfer of ownership of immoveable property according to the marital law outlined?

    <p>Prior written attested consent is required.</p> Signup and view all the answers

    Under the Matrimonial Property Act, Section 15(1), a spouse may perform a juristic act regarding the joint estate without the consent of the __________.

    <p>other spouse</p> Signup and view all the answers

    Match the following scenarios with their consent requirements:

    <p>Transfer of ownership of immoveable property = Prior written attested consent required Register a mortgage bond = Prior written attested consent required Signing as surety for debt of a third party = Prior written attested consent required Ordinary course of profession = General consent not required</p> Signup and view all the answers

    Which of the following statements about the consent requirements in the scenario is true?

    <p>Consent must be attested by two competent witnesses.</p> Signup and view all the answers

    Consent requirements do not apply to executors of deceased estates.

    <p>True</p> Signup and view all the answers

    According to Kotze v Oosthuizen, when do consent requirements apply?

    <p>Only when both spouses are alive.</p> Signup and view all the answers

    What is the primary requirement for divorce under section 4 of the Divorce Act?

    <p>Irretrievable breakdown of the marriage</p> Signup and view all the answers

    The case of Dickinson v Dickinson supports the idea that mental illness prevents divorce under section 4.

    <p>False</p> Signup and view all the answers

    What was the court's view in Smit v Smit regarding the use of section 4 for mentally ill individuals?

    <p>Section 4 cannot be used to circumvent protective measures for the mentally ill.</p> Signup and view all the answers

    In the case of __________, it was determined that mental illness can be an objective fact for divorce proceedings under section 4.

    <p>Dickinson v Dickinson</p> Signup and view all the answers

    Match the following cases with their significance regarding the Divorce Act:

    <p>Dickinson v Dickinson = Allows divorce even if one party is mentally ill Smit v Smit = Disagrees with Dickinson about mental illness in divorce proceedings Krige v Smit = Supports the precedent set by Dickinson Ott v Raubenheimer = Also supports the precedent set by Dickinson</p> Signup and view all the answers

    Which academic writer is mentioned in the context of the Divorce Act and mental illness?

    <p>Van Loggerenberg</p> Signup and view all the answers

    According to the Divorce Act, a plaintiff can choose how to proceed regardless of the mental health status of the defendant.

    <p>False</p> Signup and view all the answers

    What does section 5 of the Divorce Act aim to protect?

    <p>The rights of the mentally ill and unconscious individuals in divorce proceedings.</p> Signup and view all the answers

    Study Notes

    Marriage in Community of Property

    • Spouses have equal administration rights over the joint estate.
    • Spouses may perform almost any juristic act without the other's consent, subject to a few exceptions.
    • Examples of juristic acts that require consent are transferring ownership of immovable property, registering a mortgage bond over immovable property, and signing as surety for a third party's debt.
    • Consent must be provided prior to the act, in writing, and attested by two competent witnesses.
    • Consent cannot be given after the fact, known as ratification, and cannot be general in nature.
    • An exception to these consent requirements arises when the act is part of a spouse's ordinary course of profession, trade, or business.
    • A deceased spouse's executor does not need consent to perform juristic acts, unlike a living spouse.

    Delictual Damages

    • A spouse may seek delictual damages from the other spouse if the damage was caused by the other.
    • This is based on the principle of Section 18(b) of the Matrimonial Property Act.
    • Damages can include bodily injuries, loss of income, pain and suffering, disfigurement, and loss of amenities of life.

    Concurrent Administration

    • Concurrent administration allows spouses in a marriage in community of property to manage the joint estate.
    • It consists of two aspects: equal/independent administration and joint administration.
    • Equal administration provides spouses with the ability to act independently, while joint administration imposes limitations on the capacity to act of both spouses.

    Customary Law Marriages

    • A customary law marriage must be concluded according to customary law, which includes the recognition of the parties' respective families.
    • A customary law marriage can be declared invalid if the parties are already validly married in another system of law, rendering the second marriage void.

    Excluded Assets in Antenuptial Contracts

    • Assets excluded from the accrual system in a marriage contract do not form part of the commencement value of a spouse’s estate.
    • The Matrimonial Property Act does not provide guidance on how income or fruits derived from excluded assets should be treated.
    • Conflicts arise when one clause of a marriage contract includes an asset in the commencement value, while another clause excludes it.
    • In such situations, courts may declare the antenuptial contract void, rendering the marriage a marriage in community of property.

    Commencement Value Adjustment

    • The commencement value is adjusted based on the weighted average Consumer Price Index (CPI) to account for inflation.
    • The calculation involves multiplying the commencement value by the CPI value for the month of dissolution, divided by the CPI value for the month of the marriage's conclusion.

    Irretrievable Breakdown of Marriage

    • The Divorce Act provides two grounds for divorce: irretrievable breakdown of the marriage and irretrievable breakdown based on mental illness or unconsciousness.
    • Whether a divorce can be granted under Section 4 of the Divorce Act when the cause of the irretrievable breakdown is due to mental illness or unconsciousness remains a legal question with conflicting views.
    • The case of Dickinson v Dickinson supports the view that divorce proceedings can be instituted under Section 4 regardless of the cause, as long as irretrievable breakdown is proven.
    • This view is also supported by obiter dicta in Krige v Smit and Ott v Raubenheimer.
    • However, the case of Smit v Smit disagrees with Dickinson, arguing that a plaintiff should not be able to circumvent the legal protections afforded to the mentally ill and unconscious through their choice of procedure.
    • This perspective suggests that Section 4 can only be used to prove irretrievable breakdown when a different state of illness is present.
    • Van Loggerenberg, an academic writer, supports the view that the decision in Smit v Smit would render Section 5 meaningless.

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    Description

    Test your knowledge on the legal principles of marriage in community of property and its implications on juristic acts and delictual damages. This quiz covers aspects such as consent requirements and spousal rights. Perfect for law students and anyone interested in family law.

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