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1. Mike and Mary have been engaged for years Mary now
withdraws from the engagement because Mike refuses
to proceed with the marriage. Which one of the
following engagement gifts must be returned?
[1] The
book that
Mike gave
to Mary [2]
The book
that Mary
gave to
Mike
[3] The engagement ring that Mike gave to Mary
– (page 10 of the textbook)
[4] The engagement ring that Mary gave to Mike
2. Affinity in the direct line exists between you and your
[1] grandparents
[2] stepdaughter – (page 28 of the textbook)
[3] parents
[4] adopted daughter
3. Which one of the following is not a ground on which a
voidable civil marriage can be annulled?
[1] Impotence
[2] stuprum
[3] sterility
[4] Mental illness – (page 34 of the textbook)
4. If both parties to a putative marriage were bona fide at
the time of entering into the putative marriage, and the
marriage was concluded without a antenuptial contract,
the parties are treated as having been married.
[1] In community of property - (page 40 of the textbook)
[2] out of community of property with the accrual system
[3] out of community of property without the accrual
system
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[4] out of community of property but in community of
profit and loss
5. The consequences of a civil marriage that can be
regulated by the spouses are generally referred to as….
[1] invariable consequences of marriage
[2] variable consequences of marriage – (page 41)
[3] consortium omnis vitae
[4] accrual
6. If the spouses are not divorced, but no longer share
joint household continuation of the duty of support is
determined by…
[1] The Divorce Act
[2] Unjustified enrichment
[3] Guilt of the spouses
[4] The Matrimonial Property Act – (page 46)
7. Mr and Mrs Jacobs are married in community of
property. Which one of the following assets do not
form part of the spouses’ joint estate?
[1] The house in which Mr and Mrs Jacobs are living
which is subject to a fideicommissum - (page 64)
[2] An amount of R10 000 which Mrs Jacobs received in
terms of the Friendly Societies Act 25 of 1956
[3] An amount of R100 000 which Mrs Jacobs inherited
intestate from her father
[4] The engagement ring which Mr Jacobs gave Mrs
Jacobs before their marriage
8. Mr and Mrs Mahlangu are married in community of
property. For which one of the following transactions
does Mr Mahlangu need Mrs Mahlangu prior written
consent attested by two competent witnesses?
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[1] Mr Mahlangu wants to sell a coffee table, a cupboard
and a desk to a colleague because he urgently needs
money
[2] Mr Mahlangu wants to register a servitude (a right of
way) over his and Mrs
Mahlangu’s farm in the name of Mnisi, the owner of
adjacent farm – (page 72)
[3] Mr Mahlangu wants to institute legal proceedings
against Mr Gumede, who owes an amount of money to
Mrs Mahlangu
[4] Mr Mahlangu wants to apply to court for an interdict
forbidding their neighbour to carry on his trade as a
carpenter, which he practises until after 22:00 every
evening
9. Mr Singh donated a valuable painting to Miss Naidoo
without his wife, Mrs Singh’s permission. Miss
Naidoo knows that Mr Singh is married in community
of property. Such a transaction is…
[1] valid in terms of section 15(9)(a) of Matrimonial
Property Act 88 of 1984
[2] void in terms of section 15(9)(a) of Matrimonial
Property Act 88 of 1984
[3] voidable in terms of the decision in Bopape v Moloto
[4] void in terms of the decision in Bopape v Moloto –
(page 77)
10. Which one of the following situations is NOT a
guideline contained in section 4(2) of the Divorce Act
70 of 1979 which may indicate that a marriage has
broken down irretrievably?
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