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Summary PVL2601 Exam Pack
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PVL2601 MCQ’s1. Which one of the following is NOT a requirement for a valid civil marriage?
1) The parties must have capacity to act.
2) The parties must be engaged to each other.
3) The marriage must be lawful.
4) The marriage must be concluded with the prescribed formalities.
2. A woman may not enter into a civil marriage with her ex-husband’s father because they are
related to each other by ...
1) affinity in the direct line.
2) affinity in the collateral line.
3) consanguinity in the direct line.
4) consanguinity in the collateral line.
3. Aaron and Buhle are married to each other. They are unable to conceive a child and adopt a girl,
Olga. Upon the death of Buhle, can Aaron and Olga marry each other?
1) Yes, they are not blood relatives in the direct line.
2) Yes, an adoptive parent may marry his adopted child.
3) No, they are relatives by affinity in the direct line.
4) No, an adoptive parent may not marry his adopted child.
4. A voidable marriage is a …
1) marriage which has none of the legal consequences of a valid marriage.
2) marriage in which one or both of the parties was unaware that there is a defect which renders
the marriage void.
3) marriage where there are grounds on the basis of which the court can be asked to set the
marriage aside.
4) simulated marriage or marriage of convenience.
5. Tebogo and Sipho married a year ago. When the parties married, Tebogo knew that Sipho had
been married before, but she did not know that Sipho’s previous marriage had not yet been
dissolved by divorce. Tebogo and Sipho’s marriage is ...
1) valid and unchallengeable.
2) valid but voidable.
3) void ab initio.
4) void but putative.
,6. As against third parties, spouses who are married out of community of property are
________________ liable for debts for household necessaries.
1) Jointly
2) jointly and severally
3) on a pro rata basis
4) proportionately
7. In which one of the following instances would a married woman lose her right to claim
maintenance from her husband?
1) The spouses agree to live apart because they no longer love each other.
2) The wife moves out of the matrimonial home because her husband beats her.
3) The wife moves out of the matrimonial home because she is having an affair with her boss.
4) The husband moves out of the matrimonial home because he is having an affair with his boss.
8. In which one of the following cases did the Constitutional Court hold that contempt proceedings
in the High Court to secure the enforcement of a maintenance debt are appropriate constitutional
relief for the enforcement of a claim for the maintenance of children?
1) Fose v Minister of Safety and Security
2) Reloomel v Ramsay
3) Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
4) Bannatyne v Bannatyne
9. Themba and Stella married in community of property on 20 March 2020. Which one of the
following statements is correct?
1) Stella will become co-owner of the movable property Themba owned before the marriage
once each of the properties is transferred to her by way of delivery.
2) Themba will become co-owner of the immovable property Stella owned before the marriage
when the property is registered in both spouses’ names in the Deeds Office.
3) The spouses will only become co-owners of the property each of them owned before the
marriage if they agreed that they would become co-owners after the marriage.
4) When they married, the spouses automatically became co-owners of the property each of
them owned before the marriage.
10. Mr and Mrs Kruger are married in community of property. Which one of the following assets forms
part of the spouses’ joint estate?
1) Their matrimonial home, which is subject to a fideicommissum
2) An amount of R150 000 Mrs Kruger received in terms of the Friendly Societies Act 25 of 1956
during the marriage
3) The motor vehicle Mrs Kruger bought before she married Mr Kruger
4) The diamond ring Mr Kruger gave to Mrs Kruger when the couple got engaged
,11. Mr and Mrs Silver are married in community of property. They have a farm that is subject to a
usufruct. Which one of the following assets falls into their joint estate?
1) The crops on the farm that is subject to the usufruct
2) The farm that is subject to the usufruct
3) The beach cottage Mr Silver inherited from his father subject to the proviso that Mr Silver’s
son must inherit the cottage on Mr Silver’s death
4) The disability payments Mrs Silver received after being injured when she fell off a stage at a
music concert
12. A debtor wants to claim a delictual debt that Beauty incurred during her marriage in community
of property with Solomon. Beauty and Solomon are now divorced. Against whom can the debtor
institute the claim for the delictual debt?
1) Only Solomon
2) Only Beauty
3) Either Solomon or Beauty
4) Solomon and Beauty together
13. Dumisani is the sole member of a close corporation. In the ordinary course of business, Dumisani
bound himself as surety for the close corporation’s loan from Standard Bank. Dumisani did so
without the consent of Lebo, to whom he is married in community of property. The transaction is
…
1) valid in terms of section 15(9)(a) of the Matrimonial Property Act 88 of 1984.
2) void in terms of section 15(9)(a) of the Matrimonial Property Act 88 of 1984.
3) valid in terms of section 15(6) of the Matrimonial Property Act 88 of 1984.
4) void in terms of section 15(6) of the Matrimonial Property Act 88 of 1984.
14. Mr and Mrs Smith are married in community of property. Mrs Smith has discovered that Mr Smith
is planning to transfer almost all the assets of the joint estate to his brother without her consent.
Which one of the following common law remedies can Mrs Smith invoke to prevent her husband
from transferring the assets to his brother?
1) An interdict
2) The right to recourse upon dissolution of the joint estate
3) The actio Pauliana utilis
4) An application to have Mr Smith declared a prodigal
15. Mr and Mrs Mahlangu are married in community of property. For which one of the following legal
proceedings does Mr Mahlangu need Mrs Mahlangu’s written consent in terms of section 17 of
the Matrimonial Property Act 88 of 1984?
1) Instituting legal proceedings against his brother in connection with the farm the brothers
inherited from their father subject to the condition that the farm must never become part of
any joint estate
, 2) Instituting legal proceedings for the recovery of non-patrimonial loss for a delict his neighbour
committed against him
3) Instituting legal proceedings for the recovery of patrimonial loss for a delict his neighbour
committed against him
4) Instituting legal proceedings against a client who supplies packaging material to the farm he
and his brother inherited from their father subject to the condition that the farm must never
become part of any joint estate
16. Before their marriage, Jack and Gill agreed that they would marry out of community of property.
They signed an antenuptial contract, but this contract was never properly executed and
registered. What must Jack and Gill now do to ensure that they are formally married out of
community of property?
1) They do not have to do anything.
2) They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of
1937 for permission to have the contract executed and registered after the marriage.
3) They must bring a court application in terms of section 21(1) of the Matrimonial Property Act
88 of 1984 for leave to change their matrimonial property system.
4) They must enter into a postnuptial written agreement and have it notarially executed.
17. In Mr and Mrs Khumalo’s antenuptial contract Mr Khumalo undertakes to transfer an insurance
policy to Mrs Khumalo as soon as their first child is born. This clause is called a …
1) succession clause.
2) “clean break” clause.
3) marriage settlement.
4) reversion clause.
18. Mr and Mrs Nkosi are married subject to the accrual system. When they married, Mrs Nkosi had
no debts and owned a house which was valued at R100 000. Suppose that during the subsistence
of the marriage money depreciated to such an extent, that according to the consumer price index,
R2 now has the same value as R1 at the beginning of the marriage. Which one of the following
amounts reflects the initial value of Mrs Nkosi’s estate?
1) R0
2) R50 000
3) R100 000
4) R200 000
19. Mr and Mrs Malamo are married subject to the accrual system. Some months ago, Mr Malamo’s
neighbour falsely accused Mr Malamo of being a child molester. This accusation was made in front
of many people who live in the same street as the Malamos. The neighbour also severely assaulted
Mr Malamo with an axe. As a result of the axe attack, Mr Malamo spent several months in hospital,
had several operations, could not work for five months, and has been left with a permanent limp.
Mr Malamo received compensation from his neighbour as a result of the attack. He also
successfully sued his neighbour for compensation for defamation. Select the one type of
compensation from the list below that forms part of the accrual in Mr Malamo’s estate.
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