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PVL2601 MCQ HEAVEN
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Exam of 64 pages for the course PVL2601 MCQ HEAVEN at PVL2601 MCQ HEAVEN (PVL2601 MCQ HEAVEN)
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__________________________________________________________________2013 MAY/JUNE
___________________________________________________________________
Where one of the spouses has been forced to consent to a civil marriage, such
a marriage is…
[1] void
[2] voidable
[3] Valid
[4] Putative
Mary and John enter into a civil marriage. Neither of the parties nor the priest
who solemnised the marriage is aware of the fact that the parties have
common ancestor within the first degree of consanguinity. What is the nature
of such marriage?
[1] void
[2] voidable
[3] Valid
[4] Putative
Lovelyn and Harry are married in community of property. Lovelyn intends to
withdraw R50 000 from her personal bank account? What kind of consent does
Lovelyn require from Harry?
[1] Prior written consent attested by two competent witnesses
[2] Written consent attested by to competent witnesses
[3] Oral or tacit consent
[4] No consent
Upon dissolution of marriage out of community of property which is subject
to the accrual system, the spouses share in the ________________
accumulated during the subsistence of the marriage.
[1] Assets (profits)
[2] Liabilities (debts)
[3] Separate estates
[4] Joint estate
1
, In terms of section 21(1) of the Matrimonial Property Act 88 of 1984, spouses
may jointly apply to court for leave to change the matrimonial property system
applicable to their marriage. One of three requirements to be met before the
court approve the application is that …
[1] The creditors must consent to the proposed change.
[2] All creditors’ claims must have been settled.
[3] No other person will be prejudiced by the proposed change.
[4] There is an equitable distribution of the spouses’ property.
In which of the following cases, did the Supreme Court of Appeal find that
maintenance in a lump sum could indeed be awarded by the court to a
surviving spouse in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[1] Reloomel v Ramsay
[2] Voortrekkerwinkels v Pretorious
[3] Oshry NNO v Feldman
[4] Levy v Levy
Which section of the Divorce Act 70 of 1979 creates an exception to the rule
that the court does not have the power to refuse to grant a divorce order where
it is proved that the marriage has broken down irretrievably?
[1] Section 3
[2] Section 4(1)
[3] Section 5(2)
[4] Section 5A
In which one of the following cases was it decided that the patrimonial
benefits of a marriage out of community of property which may be forfeited are
fixed at marriage by the term of parties’ antenuptial contract?
[1] Koza v Koza
[2] Persad v Persad
[3] Watt v Watt
[4] Wijker v Wijker
Which type of care is at issue if the court orders that a child must spend
substantial amounts of time, such as part of each week, or alternative weeks,
with each parent?
2
,[1] Joint physical care
[2] Joint legal care
[3] Split divided care
[4] Structured care
In Volks v Robinson it was held that…
[1] The common-law action for loss of support can be extended to a claim by the
surviving same-sex life partner.
[2] Section 5 of the Children’s Act discriminates unfairly against same-sex life
partners on the ground of sexual orientation.
[3] The law may distinguish between married and unmarried people and accord
benefits to married which denied to unmarried people.
[4] The exclusion of same-sex life partners from intestate inheritance from each
other’s deceased estate is unconstitutional.
Which one of the following responsibilities and right does NOT fall under
“care” as defined in section 1(1) of the Children’s Act 38 of 2005…
[1] Safeguarding and promoting the child’s well-being.
[2] Administering the child’s estate.
[3] Guiding the child’s behaviour in a humane manner.
[4] Maintaining a sound relationship with the child.
John and Susan are divorced. They have a minor child, Bob, and both of them
are guardians of Bob. Susan wants to apply for passport for Bob. Who needs
to consent?
[1] Either John or Susan.
[2] Both John and Susan.
[3] The Family Advocate.
[4] No one.
Which one of the following events does NOT terminate the duty of support of a
parent towards a child?
[1] The child’s death.
[2] The child’s adoption.
[3] The child’s marriage.
[4] The child’s 18th birthday
Affinity in the direct line exist between you and your
3
, [1] Grandfather
[2] Grandchild
[3] Sister-in-law
[4] Mother-in-law
Which of the following is a consequence of a void marriage?
[1] There is a reciprocal duty of support between the parties
[2] The children born from the marriage are born from unmarried parents
[3] The parties may inherit intestate from each other
[4] Community of property is operative between parties
Which one of the following is NOT a requirement for the duty of support
between spouses in a civil marriage?
[1] The existence of a joint household
[2] A valid civil marriage between the parties
[3] The person claiming the support must be in need of the support
[4] The person from whom the support is claimed must be able to provide it
In which of the following cases was it decide that a spouse who is married in
community of property cannot stand surety for the other spouse’s debts
because those debts are joint debts and in our law a person cannot stand
surety for his or her own debts?
[1] Amalgamated Banks of South Africa BPK v De Goede
[2] Bopape v Moloto
[3] Visser v Hull
[4] Nedbank LTD v Van Zyl
Oskido and Reeva have been married in community of property for the past
five years. Recently Reeva discovered that Oskido has been paying the
monthly instalment of R3 000 for the flat rented by his mistress, Juanita. Which
one of the following remedies (for protection of the spouses as between
themselves) is NOT provided for in terms of Matrimonial Property Act 88 of
1984?
[1] The right to adjustment upon dissolution of the joint estate
[2] Suspension of spouse's powers in respect of the joint estate
[3] Having the other spouse declared a prodigal
[4] Immediate division of the joint estate
4
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