PVL 2601 - STUDY UNIT 6 - MARRIAGE OUT OF COMMUNITY OF PROPERTY Actual Questions Fully Solved 100% Guaranteed Pass.
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Course
PVL
Institution
PVL
THREE VARIATIONS OF MARRIAGE OUT OF COMMUNITY OF PROPERTY - correct answer 1. marriage with complete separation of property
2. marriage out of community of property with retention of community of profit and loss
3. the accrual system
PURPOSE OF AN...
PVL 2601 - STUDY UNIT 6 - MARRIAGE
OUT OF COMMUNITY OF PROPERTY
THREE VARIATIONS OF MARRIAGE OUT OF COMMUNITY OF PROPERTY - correct answer
1. marriage with complete separation of property
2. marriage out of community of property with retention of community of profit and loss
3. the accrual system
PURPOSE OF ANTENUPTIAL CONTRACT - correct answer To deviate from the
common law or statutory rules regarding the matrimonial property consequences of marriage.
Ante nuptial contracts often include marriage settlements (donations between spouses) Spouses
sometimes create a trust, enter into an agreement about succession. or govern their right of recourse in
respect of expenses for household necessaries in their ante nuptial contract.
Can be used in narrow and wide sense.
NARROW SENSE - correct answer it refers to the formal contract that is
executed before a notary and registered in the deeds office in terms of the Deeds Registries Act.
WIDE SENSE - correct answer Informal agreement between parties which
binds only them. Includes any type of agreement intending spouses conclude before marriage with a
view to bringing about the marriage itself or regulating any aspects of it.
FORMALITIES FOR CREATION OF A VALID ANTE NUPTIAL CONTRACT - GENERAL - correct answer
In formal antenuptial contract is valid only inter partes Not valid against third parties. Marriage is
considered to be in community of property in so far as the spouses debtors and creditors are concerned.
SECTION 87 - correct answer Antenuptial contract executed in SA must be
attested by a notary and registered in a deeds registry within three months of its execution or within
such extended period as the court may on application allow.
, antenuptial contract executed in SA must be attested by a notary or entered into in accordance with the
law of the place of its execution.
Foreign antenuptial contract has to be registered in a deeds registry in SA within six months of its
execution ow within such extended period as the court may on application allow.
POSTNUPTIAL EXECUTION AND REGISTRATION OF AN ANTENUPTIAL CONTRACT - correct answer
If spouses entered into a antenuptial contract prior to marriage but failed to comply with the formalities
of notarial execution and registration, the High court may be approached in terms of Section 88 of the
Deeds Registries Act for permission to have the contract formally executed and registered after the
marriage.
THREE REQUIREMENTS MUST BE MET BEFORE COURT WILL PERMIT POSTNUPTIAL EXECUTION AND
REGISTRATION OF THE ANTENUPTIAL CONTRACT - correct answer 1. Parties
must definitely agree on the terms of the contract before entering into marriage
2. Parties must give good reasons for their failure properly to execute and/or register the contract
before the marriage.
3. The application must be made within a reasonable time after it was discovered that the agreement
was not properly executed and/or registered.
ANTENUPTIAL CONTRACT OF A MINOR - correct answer 1. Must personally
sign the contract
2. Minor must have the consent of his or her guardian to enter into an antenuptial contract.
Any of the child's guardians may independently exercise guardianship over the minor.
Thus :
1. consent of either parent of a child born of married parents is sufficient for minor's entering into an
antenuptial contract.
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