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Private Law 171 - Family Law

These detailed and thorough class notes contain all the work covered in semester 2 (2020). They include discussions and summaries of the relevant case law as well as topic summaries.

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Family Law 171 - An introduction to South African Family Law

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These notes are a detailed introduction to South African Family Law covering the following topics: - the definition of family law - the objectives of family law - a brief history of family in South Africa - family law and the 1996 Constitution - the different types of valid marriages in South Afri...

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Family Law 171 - The engagement

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These notes focus on the engagement in the context of civil marriages. The topics covered in the notes are: - the definition and nature of the engagement - the legal requirements for a valid engagement - the termination of an engagement and the consequences thereof Integrated into the notes are ...

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Family Law 171 - The legal requirements for civil marriages

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These notes discuss the four legal requirements for entering into a valid civil marriage, namely: - capacity to act -lawfulness -consensus -prescribed formalities Integrated with these notes are the summaries and discussions of the relevant case law which includes: - B v B 1983 1 SA 496 (N) - Mart...

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Family Law 171 - Void, voidable and putative marriages

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These notes discuss void, voidable and putative marriages in the context of South African law. The notes focus on what makes the marriages void, voidable or putative and the consequences of such marriages. Integrated into the notes are summaries and discussion of the relevant case law, namely: -Smi...

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Family Law 171 - Personal consequences of marriage

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These notes outline the personal consequences of civil marriages with particular focus on: - the status of the parties - the consortium omnis vitae - the reciprocal duty of support Integrated into the notes are summaries and discussions of the relevant case law including: - Van der Westhuizen v Van ...

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Family Law 171 - The patrimonial consequences of civil marriage

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These notes focus on the patrimonial consequences of civil marriage also known as a variable consequences of marriage. The notes outline the existing matrimonial property systems in South Africa. This includes detailed discussions of marriage in community of property, marriage out of community of pr...

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Family Law 171 - The patrimonial consequences of divorce

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These notes discuss the patrimonial consequences of divorce in both marriages in and out of community of property. They focus on the forfeiture of patrimonial benefits in terms of s9 of the Divorce Act as well as redistribution of assets in terms of s7 of the Divorce Act. Integrated into these di...

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Family Law 171 - Maintenance and the personal consequences of divorce

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These notes discuss the personal consequences of divorce as well as the award of maintenance in divorce proceedings, and briefly how children are factored in divorce proceedings.

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Family Law 171 - The termination of marriage

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These notes discuss the ways a marriage can be terminated in South African law, there is an emphasis on marriages terminated through divorce. This discussion on marriages terminated by divorce looks at the position before and after the Divorce Act. The notes also include the relevant case summarie...

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Family Law 171 - Customary marriages

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These notes discuss customary marriages - it is a general overview, not an in-depth analysis. The notes look at the legal and formal requirements for customary marriages, the wife's status, the proprietary consequences and the dissolution of civil marriages. Integrated into the notes are discus...

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