Exam (elaborations)
PVL2601 Assignment 2 2024
- Course
- PVL2601 (PVL2601)
- Institution
- University Of South Africa (Unisa)
PVL2601 Assignment 2 2024
[Show more]
1 review
By: moabelosam • 8 months ago
Content preview
, PVL2601: ASSIGNMENT 2 2024/1Question 1
(a) Define a void marriage and a voidable marriage.
A void marriage is one that is considered to have never come into existence legally.
It is invalid from its inception, as if it had never occurred. This could be due to
various reasons such as the marriage being solemnized by someone who is not
authorized to do so, one party being already married, or the parties being related
within prohibited degrees of relationship. Essentially, a void marriage lacks the legal
consequences of a valid marriage.
On the other hand, a voidable marriage is one that is initially considered valid, but
due to certain grounds present either before or at the time of the wedding, the court
has the authority to set it aside upon request. These grounds could include factors
like minority, pregnancy by another man at the time of marriage, material mistake,
impotence, or sterility. Unlike a void marriage, a voidable marriage remains in force
and carries all the legal consequences of a valid marriage until it is annulled by a
court order.
1
Kolver 2007 (4) SA 97 (CC) pg,71
1
Van Niekerk v Van Niekerk- held that the mere fact of sterility renders the marriage voidable
(b) Read the following scenarios and indicate whether each of the marriages is
void or voidable. You must briefly explain your answer:
(i) Bobby and Martha married three years ago. At the time of their wedding, Martha
was pregnant with Robby’s child. The child, Lulu, was born six months after the
wedding. Last week, Bobby discovered that he is not Lulu’s biological father. He
tells Martha that he would never have married her had he known that she was
pregnant with another man’s child.
Bobby and Martha's marriage is voidable. Martha was pregnant with another man's
child at the time of the wedding, which falls under the ground of "Stuprum." Bobby can
request annulment of the marriage since he was unaware of Martha's pregnancy with
another man's child.
Themba, a competent marriage officer, s o l e m n i s e s the marriage between
Katlego and Kris. Katlego’s brother is the only other person who is present at the
wedding.
Katlego and Kris's marriage is void because there were no witnesses present at the
wedding. One of the formal requirements for a civil marriage is the presence of
witnesses, and the absence of witnesses renders the marriage void.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StudentsUnisaTrader. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R75,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
49497 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now