Exam (elaborations)
PVL2601 Updated Exam Pack (2024) Oct/Nov - Family Law [A+]
- Institution
- University Of South Africa (Unisa)
PVL2601 Updated Exam Pack (2024) Oct/Nov - Family Law [A+]
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By: keneilwejoy • 6 months ago
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PVL2601Family Law
2023 Updated Exam Pack
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, PVL2601
Family Law
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
Explanation:
When one of the spouses has been forced to consent to a civil marriage, the
nature of such marriage would be voidable. A voidable marriage is one that is
initially valid but can be later annulled or declared void by the court due to
specific legal grounds, such as coercion or duress.
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
Explanation:
When Lovelyn, who is married in community of property with Harry, intends
to withdraw R50 000 from her personal bank account, she generally does
not require any specific consent from Harry. In a marriage in community of
property, both spouses have equal rights to manage and dispose of the
joint estate, which includes personal bank accounts. Therefore, Lovelyn can
typically withdraw the amount without requiring any consent from Harry.
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
1
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