PVL2601
EXAM PACK
Solutions, Explanations, workings, and references
+27 81 278 3372
,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
a defect which renders the marriage void.
[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.
(2)
5 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)
, PVL2601
Page 2 May/June 2020
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
[4] Bannatyne v Bannatyne
(2)
9 Themba and Stella married in community of property on 20 March 2020.
Which one of the following statements is correct?
[1] Stella will become co-owner of the movable property Themba owned
before the marriage once each of the properties is transferred to her by
way of delivery.
[2] Themba will become co-owner of the immovable property Stella owned
before the marriage when the property is registered in both spouses’
names in the Deeds Office.
[3] The spouses will only become co-owners of the property each of them
owned before the marriage if they agreed that they would become co-
owners after the marriage.
[4] When they married, the spouses automatically became co-owners of
the property each of them owned before the marriage.
(2)
[TURN OVER]
, PVL2601
Page 3 May/June 2020
10 Mr and Mrs Kruger are married in community of property. Which one of the
following assets forms part of the spouses’ joint estate?
[1] Their matrimonial home, which is subject to a fideicommissum
[2] An amount of R150 000 Mrs Kruger received in terms of the Friendly
Societies Act 25 of 1956 during the marriage
[3] The motor vehicle Mrs Kruger bought before she married Mr Kruger
[4] The diamond ring Mr Kruger gave to Mrs Kruger when the couple got
engaged
(2)
11 Mr and Mrs Silver are married in community of property. They have a farm
that is subject to a usufruct. Which one of the following assets falls into their
joint estate?
[1] The crops on the farm that is subject to the usufruct
[2] The farm that is subject to the usufruct
[3] The beach cottage Mr Silver inherited from his father subject to the
proviso that Mr Silver’s son must inherit the cottage on Mr Silver’s
death
[4] The disability payments Mrs Silver received after being injured when
she fell off a stage at a music concert
(2)
12 A debtor wants to claim a delictual debt that Beauty incurred during her
marriage in community of property with Solomon. Beauty and Solomon are
now divorced. Against whom can the debtor institute the claim for the delictual
debt?
[1] Only Solomon
[2] Only Beauty
[3] Either Solomon or Beauty
[4] Solomon and Beauty together
(2)
13 Dumisani is the sole member of a close corporation. In the ordinary course of
business, Dumisani bound himself as surety for the close corporation’s loan
from Standard Bank. Dumisani did so without the consent of Lebo, to whom
he is married in community of property. The transaction is …
[1] valid in terms of section 15(9)(a) of the Matrimonial Property Act 88 of
1984.
[2] void in terms of section 15(9)(a) of the Matrimonial Property Act 88 of
1984.
[3] valid in terms of section 15(6) of the Matrimonial Property Act 88 of
1984.
[TURN OVER]
EXAM PACK
Solutions, Explanations, workings, and references
+27 81 278 3372
,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
a defect which renders the marriage void.
[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.
(2)
5 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)
, PVL2601
Page 2 May/June 2020
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
[4] Bannatyne v Bannatyne
(2)
9 Themba and Stella married in community of property on 20 March 2020.
Which one of the following statements is correct?
[1] Stella will become co-owner of the movable property Themba owned
before the marriage once each of the properties is transferred to her by
way of delivery.
[2] Themba will become co-owner of the immovable property Stella owned
before the marriage when the property is registered in both spouses’
names in the Deeds Office.
[3] The spouses will only become co-owners of the property each of them
owned before the marriage if they agreed that they would become co-
owners after the marriage.
[4] When they married, the spouses automatically became co-owners of
the property each of them owned before the marriage.
(2)
[TURN OVER]
, PVL2601
Page 3 May/June 2020
10 Mr and Mrs Kruger are married in community of property. Which one of the
following assets forms part of the spouses’ joint estate?
[1] Their matrimonial home, which is subject to a fideicommissum
[2] An amount of R150 000 Mrs Kruger received in terms of the Friendly
Societies Act 25 of 1956 during the marriage
[3] The motor vehicle Mrs Kruger bought before she married Mr Kruger
[4] The diamond ring Mr Kruger gave to Mrs Kruger when the couple got
engaged
(2)
11 Mr and Mrs Silver are married in community of property. They have a farm
that is subject to a usufruct. Which one of the following assets falls into their
joint estate?
[1] The crops on the farm that is subject to the usufruct
[2] The farm that is subject to the usufruct
[3] The beach cottage Mr Silver inherited from his father subject to the
proviso that Mr Silver’s son must inherit the cottage on Mr Silver’s
death
[4] The disability payments Mrs Silver received after being injured when
she fell off a stage at a music concert
(2)
12 A debtor wants to claim a delictual debt that Beauty incurred during her
marriage in community of property with Solomon. Beauty and Solomon are
now divorced. Against whom can the debtor institute the claim for the delictual
debt?
[1] Only Solomon
[2] Only Beauty
[3] Either Solomon or Beauty
[4] Solomon and Beauty together
(2)
13 Dumisani is the sole member of a close corporation. In the ordinary course of
business, Dumisani bound himself as surety for the close corporation’s loan
from Standard Bank. Dumisani did so without the consent of Lebo, to whom
he is married in community of property. The transaction is …
[1] valid in terms of section 15(9)(a) of the Matrimonial Property Act 88 of
1984.
[2] void in terms of section 15(9)(a) of the Matrimonial Property Act 88 of
1984.
[3] valid in terms of section 15(6) of the Matrimonial Property Act 88 of
1984.
[TURN OVER]
