PVL2601 Exam Pack-Past Papers

October /Nov 2019 1. 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) Soller V Maintenance Magistrate, Wynberg 2) Burger V Burger 3) Mngadi v Beacon Sweets & Chocolate Provident Fund 4) Bannatyne V Bannatyne ( Commission for Gender Equality, as Amicus Curiae) 2. During the subsistence of a civil marriage, both spouses have a right to live in the matrimonial home. 1) Regardless of whether they are married in or out of community of property, and regardless of whether they share the expenses relating to the matrimonial home. 2) Regardless of whether they are married in or out of COP, but only if they share the expenses relating to the matrimonial home. 3) Only if they are married out of COP and share the expenses relating to the matrimonial home. 4) Only if they are married in Cop and share the expenses relating to the matrimonial home. 3. Mr and Mrs Naidoo are married in COP, What form of consent does Mrs Naidoo require from Mr Naidoo to sell an expensive painting that forms part of their joint estate and that they bought as an investment. 1) Written consent without any further requirements 2) Written consent, attested by two competent witnesses 3) Prior written consent, attested by two competent witnesses 4) Oral Consent PVL2601 Exam Pack-Past Papers 4. Select The CORRECT word that is missing from the following statement if a Bona Fide third party enters into a transaction with a person who is married in community of property and the person has not obtained the required consent to the transaction from his or her spouse, the transaction is _____________________ in terms of Section 15(9)(a) of the Matrimonial Property Act 88 of 1984 1) Void 2) Valid 3) Voidable 4) Invalid 5. Which one of the following statements relating to the decision in RD v TD in respect of spouses married subject to complete separation of Property in CORRECT? 1) The spouses may enter into an agreement that community of property will apply in their marriage 2) The spouses may enter into a societas universorum bonorum (ie, a universal partnership relating to present and future assets, liabilities, profits and losses) 3) The spouse may enter into a societas universorum quae ex quaestu veniunt (ie, a universal partnership that is limited to the sharing of present and future assets, liabilities profits and losses acquired from commercial undertakings). 4) The spouses may enter into all of the above agreements.