Marriage Validity and Stuprum

Questions and Answers

What distinguishes impotence from sterility in Roman-Dutch law according to Wessels J?

Sterility is only relevant if fraud is involved.

There is no distinction made between impotence and sterility. (correct)

Impotence refers to the inability to engage in sexual intercourse.

Impotence is only psychological, while sterility is physical.

Under what condition can a marriage be set aside according to Van Niekerk?

If impotence existed at the time of the marriage. (correct)

If one partner was sterile at any time during the marriage.

If both partners were unwilling to conceive children.

If the marriage was entered into with fraudulent intent.

In the context of Van Niekerk, how is fraud characterized?

As a primary basis for marriage validation.

As an essential element of setting aside a marriage.

As a secondary consideration in annulment claims. (correct)

As being solely relevant to enclosing sterilization grounds.

What is the primary legal concept emphasized in the Van Niekerk judgment?

The declaration of impotence as a cause for annulment. Signup and view all the answers

What is one key difference between the cases of Van Niekerk and Venter?

Fraud is crucial in Venter but only secondary in Van Niekerk. Signup and view all the answers

What was De Vos Hugo J's stance on the importance of fraud in annulment claims?

Fraud is a backup argument if sterility is contested. Signup and view all the answers

What implication does the judgment in Van Niekerk have on present law?

It reinforces that impotence remains a valid basis for annulment. Signup and view all the answers

According to the content, what aspect of public policy is mentioned regarding the rule of annulment for impotence?

There is no public policy reason to reject this rule in court. Signup and view all the answers

What is the effect of stuprum on the validity of a civil marriage?

It has no effect on the validity of the marriage. Signup and view all the answers

Under what condition can a husband apply for annulment of the marriage due to stuprum?

If the wife is pregnant with another man’s child at the time of the wedding without the husband’s knowledge. Signup and view all the answers

What does the phrase 'pater est quem nuptiae demonstrant' imply?

The marriage indicates who the father is. Signup and view all the answers

What is considered the basis for the voidability of the marriage?

The wife’s concealment of her stuprum. Signup and view all the answers

Can a husband who had premarital relationships with his wife annul their marriage?

Yes, regardless of his knowledge about her past. Signup and view all the answers

What legal action can a husband take to avoid the duty of support towards his wife’s child?

Rebut the presumption of paternity. Signup and view all the answers

What is the significance of the child having been born before the marriage?

It does not affect the validity of the marriage. Signup and view all the answers

What legal consequence can arise from the presumption of paternity in a marriage?

The husband is liable for maintenance of the newborn child. Signup and view all the answers

What happens to the relationship once both parties are aware of the defect in a putative marriage?

It ceases to be a putative marriage. Signup and view all the answers

What is the court's role in relation to a putative marriage?

To declare the marriage void. Signup and view all the answers

What is the common law perspective on children born of a putative marriage?

They are acknowledged as born of married parents. Signup and view all the answers

In the case of Bam v Bhabha, what issue was left open regarding children of a putative marriage?

The automatic legitimacy of the children. Signup and view all the answers

What assumption is made when applying to the court for a declaration of a putative marriage?

Children are automatically legitimized by the ruling. Signup and view all the answers

If a court finds that children born of a putative marriage are not considered born of married parents, what is likely the practical outcome?

The parents would still act as if they were married. Signup and view all the answers

What factor is likely to indicate that a husband in a putative marriage is considered the father?

He has always contributed to the children's upbringing. Signup and view all the answers

What legal standing do parents have regarding their children born of a putative marriage despite any challenges?

Full parental responsibilities and rights. Signup and view all the answers

What is the effect of annulment on a marriage?

Annulment has retrospective effects from the date of marriage. Signup and view all the answers

Which of the following is true about fraudulent concealment as a ground for annulment?

There are objections to its acceptance as grounds for annulment. Signup and view all the answers

How does the annulment of a voidable marriage differ from a divorce?

Annulment concerns circumstances present at or before marriage. Signup and view all the answers

What happens to the interests of third parties when a marriage is annulled?

Transactions with third parties remain valid prior to annulment. Signup and view all the answers

According to the content, how are children treated if born of a voidable marriage that is annulled?

They have the same status as children of divorced parents. Signup and view all the answers

Which of the following best describes the nature of fraudulent concealment of sterility in relation to other frauds?

It is perceived as equally dishonest as other frauds, like cancer or insanity. Signup and view all the answers

What occurs to the status of parties after an annulment is granted?

They revert to the status before the marriage occurred. Signup and view all the answers

What concept underlies the rationale against resulting in automatic annulment due to fraudulent concealment?

Fraud must be evaluated on a case-by-case basis. Signup and view all the answers

What is the preferred approach in determining the validity of a marriage concerning sterility?

Fraudulent concealment of sterility is crucial for an action. Signup and view all the answers

Which court case highlighted that procreative potential is not a defining characteristic of conjugal relationships?

National Coalition for Gay and Lesbian Equality v Minister of Home Affairs Signup and view all the answers

What concept was identified as potentially demeaning to couples in a conjugal relationship?

The emphasis on procreative potential. Signup and view all the answers

Which legal perspective was deemed incorrect regarding procreative capacity in relationships?

A lack of procreative capacity should nullify marriage. Signup and view all the answers

What aspect of a couple's relationship did the court find significant concerning their age and procreative desires?

Their current desires for sexual relations. Signup and view all the answers

In the context of the discussed court cases, which of the following statements is true?

Sterility alone does not invalidate a marriage. Signup and view all the answers

What is a significant factor in the approach of the case Venter as compared to Van Niekerk?

Recognition of emotional bonds beyond procreation. Signup and view all the answers

Which of the following best represents a common misconception regarding conjugal relationships?

All couples should be able to have children to be recognized as married. Signup and view all the answers

What does the judgment in Van Niekerk affirm regarding the basis for setting aside a marriage?

It focuses on sterility as a ground for annulment. Signup and view all the answers

Which of the following statements is accurate about the relationship between impotence and fraud in the context of annulment?

Fraud is irrelevant in cases of sterility. Signup and view all the answers

How did De Vos Hugo J's view on fraud differ from that in the case of Venter?

He considered fraud a secondary ground for annulment. Signup and view all the answers

What key implication does the Van Niekerk judgment have on contemporary legal practices concerning marriage annulment?

It establishes sterility as a sufficient ground for annulment. Signup and view all the answers

What aspect of public policy is suggested to be irrelevant in the context of annulment due to impotence?

The prospect of future children from the union. Signup and view all the answers

What does impotentia coeundi refer to in the context of the judgment?

The inability to engage in sexual intercourse. Signup and view all the answers

What was the court’s indication regarding the role of fraud in setting aside a marriage?

Fraud only serves as an alternative claim. Signup and view all the answers

Which concept did De Vos Hugo J highlight regarding the relevance of fraud in the Van Niekerk case?

Fraud is secondary to proving the condition of sterility. Signup and view all the answers

What does the term impotentia procreandi imply in legal contexts?

The inability to father children. Signup and view all the answers

What distinguishes Van Niekerk from Venter in legal reasoning around annulment?

Van Niekerk focuses on sterility as the core issue. Signup and view all the answers

Study Notes

Stuprum and Civil Marriage Validity

Stuprum refers to extra-marital sexual intercourse with a third party before marriage.
Typically, stuprum does not impact the validity of a civil marriage.
A marriage remains valid even if one spouse had a child with another person prior to marriage.
The husband's ability to annul the marriage arises if the wife is pregnant by another man at the time of the wedding, without his knowledge.

Legal Implications of Pregnancy at Marriage

The presumption "pater est quem nuptiae demonstrant" implies the husband is presumed the child's father unless proven otherwise.
In cases where a wife conceals her stuprum and is pregnant, it leads to potential annulment due to misrepresentation.
The husband can rebut the presumption of paternity, relieving him of maintenance duties towards the wife's child.

Sexual Intercourse Before Marriage

If the husband had sexual relations with his wife prior to their marriage, it doesn't affect his right to seek annulment if he lacks knowledge of the wife’s concealed pregnancy.

Fraudulent Concealment and Annulment

The preference is towards recognizing fraudulent concealment of specific conditions (like sterility) over mere existence of those conditions for annulment claims.
The case of National Coalition for Gay and Lesbian Equality highlighted the importance of not defining marriage based solely on procreative potential.

Consequences of Annulment

An annulment decree is retroactive, nullifying all marriage consequences as if the marriage never occurred.
Transactions with third parties prior to annulment are still considered valid.
Children born from a voidable marriage, if annulled, are treated similarly to those whose parents divorced.

Putative Marriages and Children

Children born of putative marriages are recognized as born of married parents, ensuring parental rights and responsibilities.
Courts typically issue a dual declaration confirming both the status of the marriage as putative and the legitimacy of the children.
Practical implications suggest that even if a putative marriage is not deemed valid, the involved parents likely behaved as a married couple, affecting child status and parental rights.

Civil Marriage Requirements and Invalidity

A civil marriage may be deemed void if one party is already married, in a civil union, or in a customary marriage with someone else.
Valid civil marriage requires adherence to formal and material requirements, with courts interpreting these in favor of marriage.
Material formalities include identification of parties, existence of consent, and state/community participation; orderly ceremony provisions are less critical.
Various personal circumstances can invalidate a marriage including:
- Similar prohibited degrees of relationship between parties.
- A party being below the age of puberty.
- One party being mentally ill.

Consequences of a Void Marriage

A marriage void from the outset (void ab initio) does not confer legal privileges to parties or their offspring.
Voids annul all matrimonial property rights, obligations for mutual support, and rights of inheritance.
Parties are free to remarry or enter new unions without penalties.
Annulment can be raised by either party or interested third parties, even posthumously.
A court order declaring a marriage void enhances legal clarity, though it may not be strictly necessary.
The court’s declaration confirms existing conditions without exercising discretion.

Exemptions to the Rule of Void Marriages

Certain civil marriages may be ratified despite being void if conducted by incompetent officiants with Ministerial approval.
Marriages entered by minors without consent from the Minister can also be validated post-factum.
The concept of a putative marriage allows some consequences of valid marriages to apply despite a marriage being null.

Impotence and Sterility

Impotence renders a marriage voidable if proven prior to marriage, with the plaintiff unaware of the condition; knowledge or consent nullifies claims.
Temporary impotence does not qualify for annulment, nor does awareness by the plaintiff of the condition.
Sterility, distinct from impotence, can be a ground for annulment if it existed pre- marriage, with no requirement for fraud in claims.
Historical legal rulings uphold the validity of sterility as a sole ground for annulment, contradicting views emphasizing fraud.

Divorce vs. Annulment

Annulment and divorce entail different legal and financial implications, notably in matters of maintenance and division of assets.
Divorced spouses may share property and face financial obligations which do not apply in annulment.
A husband with knowledge of his wife's pregnancy by another man at marriage may forfeit the right to annul but can pursue divorce instead.
Judicial reluctance exists in denying maintenance based solely on issues of trust or fidelity after divorce.

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Description

Explore the implications of stuprum on civil marriage validity. This quiz examines how extra-marital relationships and children born from them affect marital status and annulment cases. Test your knowledge on the legal standards surrounding marriage and infidelity.