QUESTION 1
Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of Mr
and Mrs X. C and Y have a daughter, Z.
a) Briefly explain the difference between consanguinity and affinity. (2)
b) Briefly explain what consanguinity in the collateral line means. (2)
c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and explain
your answer with reference to authority. (3)
d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and
explain your answer with reference to authority.
QUESTION 2
Mr and Mrs A entered into a marriage in community of property in 2010. Mrs A is the
chief executive officer of a successful estate agency. She has single-handedly
increased the value of the joint estate from R500 000, which she inherited from her
father in 2011, to R20 million. Mr A has been unemployed since the start of the
marriage and has never tried to get a job. Mrs A moved out of the matrimonial home
a year ago. She recently instituted divorce proceedings and claimed a forfeiture
order against Mr A. Mrs A’s view is that it would be unfair to allow Mr A to share in
the assets she brought into the joint estate while he has never worked or brought
assets into the joint estate. Mr A alleges that Mrs A is not entitled to a forfeiture
order.
Explain to Mrs A whether Mr A is correct. Refer to legislation and case law in
support of your answer.
Question 1
Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of Mr
and Mrs X. C and Y have a daughter, Z.
a) Briefly explain the difference between consanguinity and affinity. (2)
Consanguinity refers to the relationship between two individuals who share a
common ancestor and are related by blood. This relationship is created by birth and
can exist in both the direct and collateral lines. For example, a parent and child,
siblings, grandparents and grandchildren, aunts and uncles, and cousins…………
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