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Summary PVL2601 ASSIGNMENT 2 SEMESTER 1 OF 2023 [360772]

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PVL2601 ASSIGNMENT 2 SEMESTER 1 OF 2023 [] QUESTION 1 Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of Mr and Mrs X. C and Y have a daughter, Z. a) Briefly explain the difference between consanguinity and affinity. (2) b) Briefly explain what consanguinity in the collateral line means. (2) c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and explain your answer with reference to authority. (3) d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and explain your answer with reference to authority. QUESTION 2 Mr and Mrs A entered into a marriage in community of property in 2010. Mrs A is the chief executive officer of a successful estate agency. She has single-handedly increased the value of the joint estate from R500 000, which she inherited from her father in 2011, to R20 million. Mr A has been unemployed since the start of the marriage and has never tried to get a job. Mrs A moved out of the matrimonial home a year ago. She recently instituted divorce proceedings and claimed a forfeiture order against Mr A. Mrs A’s view is that it would be unfair to allow Mr A to share in the assets she brought into the joint estate while he has never worked or brought assets into the joint estate. Mr A alleges that Mrs A is not entitled to a forfeiture order. Explain to Mrs A whether Mr A is correct. Refer to legislation and case law in support of your answer.

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PVL2601 ASSIGNMENT 2 OF SEMESTER 1
2023

UNIQUE CODE: 360772

, QUESTION 1

Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of Mr and Mrs
X. C and Y have a daughter, Z.

a) Briefly explain the difference between consanguinity and affinity. (2)

b) Briefly explain what consanguinity in the collateral line means. (2)

c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and explain your
answer with reference to authority. (3)

d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and explain your
answer with reference to authority.




QUESTION 2

Mr and Mrs A entered into a marriage in community of property in 2010. Mrs A is the
chief executive officer of a successful estate agency. She has single-handedly increased the
value of the joint estate from R500 000, which she inherited from her father in 2011, to
R20 million. Mr A has been unemployed since the start of the marriage and has never
tried to get a job. Mrs A moved out of the matrimonial home a year ago. She recently
instituted divorce proceedings and claimed a forfeiture order against Mr A. Mrs A’s view is
that it would be unfair to allow Mr A to share in the assets she brought into the joint
estate while he has never worked or brought assets into the joint estate. Mr A alleges that
Mrs A is not entitled to a forfeiture order.

Explain to Mrs A whether Mr A is correct. Refer to legislation and case law in support of
your answer.




1

Connected book
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A. H. Barnard, D. S. P. Cronjé, Pierre Johannes Jeremia Olivier The South African Law of Persons and Family Law
Publisher: 1986 ISBN: 9780409046212 Edition: Unknown

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