1. Felicia and her partner agreed in principle that they would marry out of
community of property. On the morning of the wedding, they are informed that
their antenuptial contract must be entered into or executed before the marriage
is solemnised. The wedding is scheduled to take place at 15:00. Is it possible
for the couple to enter into and execute a valid antenuptial contract on their
wedding day?
1) It is never a good idea for a couple to enter into an antenuptial contract on the
day of their marriage.
2) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as it is done before the marriage is
solemnised.
3) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as the court authorises the contract.
4) An antenuptial contract may be entered into or executed on the day of the
marriage if the marriage officer allows it.
The correct answer in this case is (2).
2. Which one of the following statements describes the right that a servitude
holder has over someone’s property that entitles the holder of the right to enjoy
the fruits of the property?
1) A servitude is a real agreement between two owners of property adjacent to
each other to share their land.
2) A servitude is a real right that grants the holder thereof absolute powers over
the property belonging to another person.
, 3) A servitude is a limited real right in the immovable or movable property of
someone else, which grants the holder certain defined entitlements, usually the
entitlements of use and enjoyment in respect of that thing.
4) A servitude is a limited real right that binds both the owner of the servient
tenement and the owner of the dominant tenement.
The correct answer in this case is (3).
3. Fly Domingo airline wants to expand its operations. The airline has secured a
loan with Redbank. However, Redbank wants the airline to use its share as a
security for the debt by registering a notarial bond. May shares in a company be
used as an object of security for a notarial bond?
1) A notarial bond may be registered over incorporeal property such as shares in
a company.
2) A notarial bond cannot be registered over shares.
3) A notarial bond is registrable over all movable property.
4) A notarial bond may be registered over movable and immovable property in
exceptional circumstances.
The correct answer in this case is (1).
4. When a notary is asked to authenticate a document, what exactly is the
purpose of such act of authentication?
1) Authentication and certification of a document serve the same purpose.
2) When a document is authenticated, the notary confirms the identity of the
signatory.
3) The purpose of authentication is to verify the signature of the signatory of a
document.
4) When a document is authenticated, the content of that document is confirmed
to be correct or true.
The correct answer in this case is (3).
,5. Brady and Angela, who are citizens of South Africa but residing abroad,
entered into and executed an antenuptial contract abroad before a notary
practising in that country. They want their antenuptial contract to be registered
in South Africa. Advise the couple on whether their antenuptial contract will be
accepted for registration in the deeds office in South Africa?
1) An antenuptial contract executed abroad must be authenticated by a South
African notary.
2) An antenuptial contract executed abroad is as valid in South Africa as it was in
that country.
3) An antenuptial contract executed abroad is a public document and is therefore
valid between member states of the Hague Convention.
4) An antenuptial contract executed abroad must be executed by a notary or
entered into in accordance with the laws of the place of its execution.
The correct answer in this case is (4).
6. Shaddy, a minor who is studying at university, has just accepted a marriage
proposal. The couple agreed to enter into an antenuptial contract immediately
because Shaddy will be completing her studies soon. A newly admitted notary
agreed to assist them with the execution of their antenuptial contract, which
took place without the knowledge of Shaddy’s parents. What will be the legal
consequences of this antenuptial contract?
1) Any contract entered into by a minor without the assistance of a parent or a
guardian is voidable until it is ratified by a parent or a legal guardian.
2) An antenuptial contract concluded by a minor without the assistance of a parent
or a guardian is null and void.
3) An antenuptial contract concluded by a minor without the assistance of a parent
or a guardian will be valid after the conclusion of a valid marriage.
4) A minor does not require the assistance of a parent or a guardian to conclude
a valid antenuptial contract as the resultant marriage will emancipate the minor.
The correct answer in this case is (2).
, 7. Mercy has just bought a piece of land from Zoro that previously enjoyed an
unregistered servitude over the adjacent piece of land, which is owned by Boot.
At the time of acquiring the land, Mercy was not aware of the existence of the
servitude. However, Mercy recently found out that there is a servitude, and she
wishes to exercise it. Advise Mercy.
1) The parties are naturally liable to each other for as long as the agreement
exists, and Mercy can force the adjacent landowner to cooperate with respect
to registration of the servitude.
2) A praedial servitude is granted in favour of a specific person or persons in their
capacity as the owner(s) of a piece of land.
3) When Zoro sells to Mercy, who has no knowledge of the agreement, Boot
cannot be bound by the unregistered agreement between Zoro and Boot.
4) A praedial servitude is granted to a person for the benefit of the dominant
tenement.
The correct answer in this case is (3).
8. Winter-Rose Ltd just secured a loan with Yellow Bank, who wants a notarial
bond registered to secure a future debt. However, the parties could not agree
on the amount of the bond to be registered and agreed that the loan amount
would be decided upon in the future. What is the position with regard to a
notarial bond being registered for an amount that has yet to be determined?
1) A notarial bond can exist without a principal debt in exceptional circumstances.
2) If the principal debt is discharged, the notarial bond will continue for the duration
of the agreed term.
3) A notarial bond may not be registered without a precise amount of the principal
debt secured.
4) As is the case of an ordinary bond over immovable property, a notarial bond is
accessory to the principal debt.
The correct answer in this case is (3).
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