ATTAINMENT OF PRESCRIBED AGE
STATUTE FIXED PRESCRIBED AGE @
MARRIAGE OR CIVIL UNION
• Someone who enters into a marriage before 18 becomes a major
• If marriage dissolves by death/ divorce before minor reaches 18-
minority isn't restored.
• Void marriage doesn’t terminate minority
• Annulment of void marriage restores minors capacity with
retrospective effect
• UNDER 18 CANNOT ENTER INTO CIVIL UNION
VENIA AETATIS & RELEASE FROM TUTELAGE
COMMON LAW : Head of state can give minor permission to act as
.
major= VENIA AETATIS Originated from Free State. Age of
Majority Act repealed Free State provision but didn’t revoke aetatis itself.
(no courts expressly says it doesn’t exist, Unisa suggests it is no longer
granted)
THE EXCEPTION…
1. The minor cannot alienate immoveable property
2. Burden it with mortgage (unless permission was given)
Release from tutelage= courts grant minor necessary capacity to act (same as
venia aetatis)
The courts power to release children's from tutelage, they emancipate them as
they are the upper guardians
S 28(2) children's Act empowers High court in divorce matters & children's
matters to terminate/ suspend or circumscribe the parental rights &
responsibilities. This judicial power can potentially replace the release from
tutelage
STATUTE FIXED PRESCRIBED AGE @
MARRIAGE OR CIVIL UNION
• Someone who enters into a marriage before 18 becomes a major
• If marriage dissolves by death/ divorce before minor reaches 18-
minority isn't restored.
• Void marriage doesn’t terminate minority
• Annulment of void marriage restores minors capacity with
retrospective effect
• UNDER 18 CANNOT ENTER INTO CIVIL UNION
VENIA AETATIS & RELEASE FROM TUTELAGE
COMMON LAW : Head of state can give minor permission to act as
.
major= VENIA AETATIS Originated from Free State. Age of
Majority Act repealed Free State provision but didn’t revoke aetatis itself.
(no courts expressly says it doesn’t exist, Unisa suggests it is no longer
granted)
THE EXCEPTION…
1. The minor cannot alienate immoveable property
2. Burden it with mortgage (unless permission was given)
Release from tutelage= courts grant minor necessary capacity to act (same as
venia aetatis)
The courts power to release children's from tutelage, they emancipate them as
they are the upper guardians
S 28(2) children's Act empowers High court in divorce matters & children's
matters to terminate/ suspend or circumscribe the parental rights &
responsibilities. This judicial power can potentially replace the release from
tutelage
