ANSWERS) Semester 2 2023
UNIQUE NUMBER (618198)
DUE DATE 18th August
1) Which one of the following is NOT a requirement for a valid civil marriage?
[1] The parties must have capacity to act.
[2] The parties must be engaged to each other.
[3] The marriage must be lawful.
[4] The marriage must be concluded with the prescribed formalities.
(2)
2 A woman may not enter into a civil marriage with her ex-husband’s father
because they are related to each other by ...
[1] affinity in the direct line.
[2] affinity in the collateral line.
[3] consanguinity in the direct line.
[4] consanguinity in the collateral line.
(2)
,3 Aaron and Buhle are married to each other. They are unable to conceive a
child and adopt a girl, Olga. Upon the death of Buhle, can Aaron and Olga
marry each other?
[1] Yes, they are not blood relatives in the direct line.
[2] Yes, an adoptive parent may marry his adopted child.
[3] No, they are relatives by affinity in the direct line.
[4] No, an adoptive parent may not marry his adopted child.
(2)
4 A voidable marriage is a …
[1] marriage which has none of the legal consequences of a valid
marriage.
[2] marriage in which one or both of the parties was unaware that there is
[3] marriage where there are grounds on the basis of which the court can
be asked to set the marriage aside.
[4] simulated marriage or marriage of convenience.
Tebogo and Sipho married a year ago. When the parties married, Tebogo
knew that Sipho had been married before, but she did not know that Sipho’s
previous marriage had not yet been dissolved by divorce. Tebogo and Sipho’s
marriage is ...
[1] valid and unchallengeable.
[2] valid but voidable.
[3] void ab initio.
[4] void but putative.
(2)
[TURN OVER]
, 6 As against third parties, spouses who are married out of community of
property are ________________ liable for debts for household necessaries.
[1] jointly
[2] jointly and severally
[3] on a pro rata basis
[4] proportionately
(2)
7 In which one of the following instances would a married woman lose her right
to claim maintenance from her husband?
[1] The spouses agree to live apart because they no longer love each
other.
[2] The wife moves out of the matrimonial home because her husband
beats her.
[3] The wife moves out of the matrimonial home because she is having an
affair with her boss.
[4] The husband moves out of the matrimonial home because he is having
an affair with his boss.
(2)
8 In which one of the following cases did the Constitutional Court hold that
contempt proceedings in the High Court to secure the enforcement of a
maintenance debt are appropriate constitutional relief for the enforcement of
a claim for the maintenance of children?
[1] Fose v Minister of Safety and Security
[2] Reloomel v Ramsay
[3] Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius