Quiz

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Which piece of legislation governs the patrimonial consequences of civil marriages in South Africa?

The RCMA

The Ramuhovi case

The Matrimonial Property Act 88 of 1984 (correct)

The Gumede case

What is the default property system for civil marriages in South Africa?

Antenuptial contract

In Community of Property (ICOP) (correct)

The Ramuhovi case

The Matrimonial Property Act 88 of 1984

When did the amendment of section 7 of the RCMA take effect?

1 December 2020

1 June 2021 (correct)

1 March 2021

1 January 2022

According to the text, what does 'marital property' mean?

Property owned by both spouses in a customary marriage Signup and view all the answers

According to the text, what is the default property regime for marriages in South Africa?

In community of property Signup and view all the answers

According to the text, when spouses are married in community of property, what happens to assets acquired before and after the marriage?

They are merged into one joint estate Signup and view all the answers

According to the text, what is the legal relationship between co-owners in tied co-ownership?

Marriage in community of property Signup and view all the answers

Which assets form part of the joint estate in an ICOP marriage?

Both corporeal and incorporeal assets Signup and view all the answers

Which assets can be excluded from the joint estate in an ICOP marriage?

Both A and B Signup and view all the answers

What happens to the fruits of excluded assets in an ICOP marriage?

They become part of the joint estate Signup and view all the answers

When can joint debts be recovered from the separate estates of both spouses in an ICOP marriage?

When the debt relates to assets in the joint estate Signup and view all the answers

According to the text, when can a court suspend the power of one spouse over the joint estate?

When it is essential for the protection of a spouse's interest in the joint estate Signup and view all the answers

According to the text, under what conditions can a spouse apply for immediate division of the joint estate?

If the interest of the spouse in the joint estate is being or will probably be seriously prejudiced by the conduct or proposed conduct of the other spouse Signup and view all the answers

According to the text, what are the consent requirements for a spouse married in community of property to institute legal proceedings against another person?

Written consent of the other spouse is not required if the matter involves the spouse's separate property Signup and view all the answers

According to the text, what happens if a spouse institutes or defends legal proceedings without the required consent?

The court may order the recovery of costs from the separate property of the spouse Signup and view all the answers

Which power is abolished by subsection (2) of Section 14 of the MPA?

The husband's power over the person and property of his wife Signup and view all the answers

Who has the same powers in a marriage in community of property according to Section 15 of the MPA?

Both the wife and the husband Signup and view all the answers

Which acts require prior written consent attested by two competent witnesses according to Section 15(6) of the MPA?

Entering into a transaction to transfer ownership of immovable property co-owned by the spouses to a third party Signup and view all the answers

When is consent not necessary for standing surety according to the MPA?

When the act is performed in the ordinary course of the spouse's profession, trade, or business Signup and view all the answers

According to Section 15(8) of the MPA, what factors should the court consider when determining whether a donation or alienation will unreasonably prejudice the interest of the other spouse in the joint estate?

<ol> <li>The value of the property donated or alienated, 2) The reason for the donation or alienation, 3) The financial and social standing of the spouses, 4) Their standard of living</li> </ol> Signup and view all the answers

Under what circumstances is a transaction without the required consent considered valid and enforceable?

If the third party does not know and cannot reasonably know that the transaction is contrary to the consent requirements Signup and view all the answers

Which test can be used to determine whether a third party ought to reasonably know that a transaction is contrary to the consent requirements?

The objective reasonable man test Signup and view all the answers

Under what circumstances can a court give a spouse permission to enter into a transaction without the required consent?

When the other spouse unreasonably withholds consent Signup and view all the answers

Which of the following is NOT a way in which the community of property can be terminated?

Change in the property system Signup and view all the answers

Which of the following is TRUE about marriage contracts?

Marriage contracts can include any provision that is not contrary to the law, good morals, or nature of the marriage Signup and view all the answers

Under what circumstances can a donation between spouses be forfeited?

If the donation is made during the existence of the marriage Signup and view all the answers

What is the difference between a suspensive condition and a resolutive condition in a donation between spouses?

A suspensive condition delays the donation until a future event, while a resolutive condition immediately takes effect but may revert back to the donor upon fulfillment of the condition Signup and view all the answers

Which of the following is a way in which community of property can be terminated?

The death of the spouses Signup and view all the answers

Which of the following is NOT a requirement for an enforceable marriage contract?

Mutual love and affection Signup and view all the answers

Which of the following is a potential advantage of including a donation in a marriage contract?

Protection against creditors Signup and view all the answers

Which of the following is true about delictual debts incurred by a spouse?

The spouse who committed the delict may be sued for the debts Signup and view all the answers