Law of family

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acts
megan.woodhouse1
Mapa Mental por megan.woodhouse1, atualizado more than 1 year ago
megan.woodhouse1
Criado por megan.woodhouse1 mais de 9 anos atrás
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Law of family
  1. 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
    1. 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
      1. Recognition of customary marriages:s15(3) both monogamous and polygynous marriages acceptable
        1. 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
          1. 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
            1. S29 General law fourth Ammendment act abolishes marital power in C.O.P with a retrospective effect
              1. S22 Black administration act all civil marriages,entered into by black persons of 2 Dec 1988
              2. 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
                1. Insolvency Act -s11 both spouses are parties to proceedings

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