LPL4804 Assignment
1 (COMPLETE
ANSWERS) Semester 2
2024 - DUE 15 August
2024 ; 100% TRUSTED
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, Question 1. 1.1. Peter is domiciled in Zimbabwean and married to
his Zimbabwean wife in Harare on the 1st of December 2023.
Will Peter be able to sign transfer documents and in particular the
power of attorney to transfer? Explain. (5)
To determine whether Peter, domiciled in Zimbabwe, can sign
transfer documents and a power of attorney to transfer, we need to
consider several legal aspects:
1. Domicile and Legal Capacity: Peter’s domicile in
Zimbabwe means that he is subject to Zimbabwean law,
which governs his legal capacity and ability to act in legal
matters. In Zimbabwe, as long as Peter is legally competent
(i.e., of sound mind, not under any legal incapacity, and not a
minor), he should have the capacity to sign transfer
documents, including a power of attorney.
2. Marriage Impact: Since Peter married his Zimbabwean
wife on December 1, 2023, and assuming there are no
specific marital property regimes or restrictions imposed by
Zimbabwean law on his ability to act, his marriage should
not inherently affect his ability to sign documents. However,
if there are any marital property regimes that could impact
property transactions, Peter would need to ensure compliance
with those.
3. Power of Attorney: The power of attorney is a legal
document that grants someone the authority to act on Peter’s
behalf. As long as Peter is competent and the power of
attorney is executed in accordance with Zimbabwean legal
requirements (such as proper witnessing and registration, if
required), Peter should be able to sign it. The specific
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