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This document consists of My PERSONAL ASSIGNMENT 1 (SEMESTER 2) OF 2023 with ADDED PAST QUESTIONS, DISTINCTION GURANTTEED
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Started on Thursday, 3 August 2023, 11:48 AMState Finished
Completed on Thursday, 3 August 2023, 12:23 PM
Time taken 34 mins 36 secs
Grade 20.00 out of 20.00 (100%)
Question 1
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Question text
As against third parties, spouses who are married out of community of property are ________________
liable for debts for household necessaries
a.
Jointly
b.
Jointly and severally
c.
On a pro rata basis
d.
Proportionately
Feedback
See the prescribed textbook p 86. The correct answer is: Jointly and severally
Question 2
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In _________________ the Constitutional Court held that a surviving spouse in a monogamous Muslim
marriage qualifies as a “spouse” and “survivor” in terms of the Intestate Succession Act 81 of 1987 and the
Maintenance of Surviving Spouses Act 27 of 1990.
a.
Hassam v Jacobs
b.
Daniels v Campbell
c.
Hoosein v Dangor
d.
Ryland v Edros
Feedback
See the prescribed textbook pp 243-246. The correct answer is: Daniels v Campbell
1
, Question 3
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In which one of the following cases did the Constitutional Court hold that contempt proceedings in the
High Court to secure the enforcement of a maintenance debt are appropriate constitutional relief for the
enforcement of a claim for the maintenance of children?
a.
Fose v Minister of Safety and Security
b.
Reloomel v Ramsay
c.
Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
d.
Bannatyne v Bannatyne
Feedback See the prescribed textbook p 57. The correct answer is: Bannatyne v Bannatyne
Question 4
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Question text
Before their marriage, Jack and Gill agreed that they would marry out of community of property. They
signed an antenuptial contract, but this contract was never properly executed and registered. What must
Jack and Gill now do to ensure that they are formally married out of community of property?
a.
They do not have to do anything.
b.
They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for
permission to have the contract executed and registered after the marriage.
c.
They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984
for leave to change their matrimonial property system.
d.
They must enter into a postnuptial written agreement and have it notarially executed.
Feedback
See the prescribed textbook pp 84-85, 106 and the study guide pp 43-44, 55.
The correct answer is: They must bring a court application in terms of section 88 of the Deeds Registries
Act 47 of 1937 for permission to have the contract executed and registered after the marriage.
2
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