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PVL2601 MCQs 2021/2022 SOLUTIONS
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lOMoARcPSD|17345572PVL2601-MCQ1 for 2021 and 2022 university of South Africa
Law of Succession (University of South Africa)
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2016 10/11
1. A enters into a civil marriage with B. B has a sister, C. A and C are ...
[1] blood relations in the direct line.
[2] collateral blood relations.
[3] relations by affinity in the direct line.
[4] relations by affinity in the collateral line.
2. In which one of the following cases did the court hold that solemnisation of a civil marriage in a garden does
not render the marriage void?
[1] National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
[2] Zulu v Zulu
[3] Bam v Bhabha
[4] Ex parte Dow
3. In Mr and Mrs Nel’s antenuptial contract, Mr Nel undertakes to transfer an insurance policy to Mrs Nel as
soon as their first child is born. This clause is called a ...
[1] succession clause.
[2] marriage settlement.
[3] reversion clause.
[4] “clean break” clause.
4. Which one of the following statements is NOT a requirement that has to be met before a court will grant an
application for variation of spouses’ matrimonial property system in terms of section 21(1) of the Matrimonial
Property Act 88 of 1984?
[1] Sufficient notice of the proposed change must be given to all the creditors of the spouses.
[2] No other person must be prejudiced by the proposed change.
[3] One of the spouses must apply to the High Court in writing for permission to change their matrimonial
property system.
[4] There must be sound reasons for the proposed change.
5. In which one of the following cases did the court hold that a postnuptial contract between the spouses,
which purported to exclude the accrual system and which was not registered in the deeds registry or entered
into with leave of the court, is void and unenforceable between the parties themselves and as against third
parties?
[1] Ex parte Krös
[2] Honey v Honey
[3] Ex parte Burger
[4] Amar v Amar
6. Section 4(2) of the Divorce Act 70 of 1979 contains three guidelines which may indicate that a marriage has
broken down irretrievably. Which one of the following is NOT one of these guidelines?
[1] The parties have not lived together as husband and wife for a continuous period of at least one year
immediately prior to the date of the institution of the divorce action.
[2] The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage
relationship.
[3] The defendant suffers from a mental illness or is continuously unconscious.
[4] The defendant has been declared a habitual criminal by a court and has been imprisoned as a result of
the sentence.
7. Which one of the following statements regarding a settlement agreement between spouses which was not
made an order of court is CORRECT?
[1] The court is compelled to make an order in accordance with the settlement agreement.
[2] A party can vary the agreement unilaterally.
[3] The agreement can be enforced in the same way as an order of court.
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[4] The parties can regulate the division of their assets in such an agreement.
8. Mr and Mrs Carrim were married with complete separation of property in 1982. Which one of the following
contributions will NOT qualify for a redistribution order in favour of Mrs Carrim upon divorce?
[1] Mrs Carrim takes care of the household and the children born from the marriage.
[2] Mrs Carrim manages the books of Mr Carrim’s psychology practice in her spare time without
remuneration.
[3] Mrs Carrim contributes part of her salary towards the bond payments on Mr Carrim’s holiday home.
[4] Mrs Carrim declines an offer to be the manager of a new business in Dubai so as to further Mr Carrim’s
psychology practice.
9. Mr and Mrs Carrim were married with complete separation of property in 1982. Which one of the following
assets will NOT be considered for purposes of a redistribution order upon divorce?
[1] The assets of a trust, which is the alter ego of Mr Carrim, and of which Mrs Carrim is a beneficiary or with
which she had transacted
[2] The assets of a trust, which is the alter ego of Mr Carrim, and of which Mrs Carrim is not a beneficiary
and with which she had not transacted
[3] A farm which Mr Carrim inherited from his father
[4] A very expensive ring which Mrs Carrim’s grandmother donated to her
10. Jane and Mary (both female) want to enter into a valid marriage. They will therefore have to conclude the
following:
[1] A civil marriage
[2] A universal partnership
[3] A civil union
[4] A customary marriage
11. Heaton states that if a marriage is concluded in terms of religious law and also complies with the
requirements for a civil marriage, it has dual validity. Which one of the following statements is correct?
[1] A secular divorce order does not free the spouse from the bonds of the religious marriage.
[2] A secular divorce order ends both the civil marriage and religious marriage.
[3] A secular divorce cannot be granted before a religious divorce is obtained.
[4] A civil marriage and a religious marriage cannot exist at the same time.
12. In which one of the following cases was the exclusion of same-sex life partners from intestate inheritance
from each other's deceased estate in terms of the Intestate Succession Act 81 of 1987 declared
unconstitutional?
[1] Gory v Kolver
[2] Volks v Robinson
[3] Farr v Mutual & Federal Insurance Co Ltd
[4] Satchwell v President of the Republic of South Africa
13. Section 28 of the Constitution of the Republic of South Africa, 1996 confers special protection on children
below the age of …
[1] 10 years.
[2] 16 years.
[3] 18 years.
[4] 21 years.
14. In terms of the Children's Act 38 of 2005 the consent of all the child's guardians is necessary for the
transactions listed in section 18(3)(c). In which one of the following instances is the consent of all the child's
guardians NOT necessary?
[1] The alienation of the child's immovable property
[2] The child's removal from South Africa
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