1614991
Description
Mind Map by megan.woodhouse1, updated more than 1 year ago
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Created by megan.woodhouse1
over 9 years ago
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Law of family
- Matrimonial property law:s 15(9)(a) sets
out circumstances under which juristic
acts can be performed with or without
the consent and valid for third parties
s15(9)(b) statutory measures ,where one
spouse enters into agreement without
obligatory consent of the other and the
transaction is detrimental to the joint
estate "right of recourse' s17replaced
restiction on the capacity to litigate of
married spouses IN c.o.p
- Civil union act:s5 ministers of
religion are also marriage officers
s10(2) cicil unionn must be in a
building ex parte Dow s11 marriage
officer must conclude a marriage or
civil partnership s12 two competent
witnesses s13-civil marriages=civil
unions s
- Recognition of
customary
marriages:s15(3) both
monogamous and
polygynous marriages
acceptable
- Marriage act:s12 marriage officer may not solemnize
a marriage unless produced with ID or affidavits and
end to marital power s24 parental consent must be in
writting s22 DOnations are now allowed in marriages
s21 joint application brought before the high court to
ammend matrimonial property systems(introduce
accrual) and relaxed immutability principle 24A
definite time limits=p/g 6weeks after aware of
marriage and minor=3 months before attaining
majoritys 25(4) parental consent may be replaced by
the high court as an upper guardian s26(1) boys under
18 and girls under 15require the consent of the
Minister of home affairs s26(2)marriage concl without
minister of home affairs consent is null and void s28
prohibits all relations of affinity in the collateral line
s29(2) marriage must be solemnized in a church of
buildings30(1) excludes same-sex couples getting
married and marriage formula
- Children's act:s17 minor becomes a major upon the age of
18 years s31 give due consideration for age,maturity and
stage of development s39(1) status of child conceived or
born of voidable marriage not affected by annulment of
marriage s 242(2)(c) and (3) prohibits marriage between
adoptive parent and adoptive child
- S29 General law
fourth Ammendment
act abolishes marital
power in C.O.P with a
retrospective effect
- S22 Black
administration act
all civil
marriages,entered
into by black
persons of 2 Dec
1988
- S22 Black
administration act
all civil
marriages,entered
into by black
persons of 2 Dec
1988
- S 20(1) applicant must prove to the court that
behaviour of the spouse is prejudicing or
going to prejudice interests of joint estate s
20(2) the court has wide discretion of granting
appropriate order can can replace C.O.P with
any matrimonial system+conditions s19
makes provisions for seperate estate of
delictual claims IN c.o.p
- Insolvency Act -s11
both spouses are
parties to
proceedings
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