LPL4805
Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 02 April 2025
QUESTION 1 (2 ANSWERS PROVIDED)
In terms of section 87(3) of the Deeds Registries Act 47 of 1937 (“the Act”), an antenuptial
contract may be registered in any deeds registry in South Africa, regardless of where it was
executed, where the parties reside, or where the notary public who prepared it practices. This
provision means that X and Y, who executed their antenuptial contract while on holiday in the
Kruger National Park, have complete freedom to choose any deeds registry in the country for
purposes of registration.
The courts have confirmed this wide discretion. In particular, Ex parte Schutte et Uxor 1959 (2)
SA 85 (C) established that an antenuptial contract validly registered in any one deeds registry
is recognized and enforceable throughout South Africa. Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 02 April 2025
QUESTION 1 (2 ANSWERS PROVIDED)
In terms of section 87(3) of the Deeds Registries Act 47 of 1937 (“the Act”), an antenuptial
contract may be registered in any deeds registry in South Africa, regardless of where it was
executed, where the parties reside, or where the notary public who prepared it practices. This
provision means that X and Y, who executed their antenuptial contract while on holiday in the
Kruger National Park, have complete freedom to choose any deeds registry in the country for
purposes of registration.
The courts have confirmed this wide discretion. In particular, Ex parte Schutte et Uxor 1959 (2)
SA 85 (C) established that an antenuptial contract validly registered in any one deeds registry
is recognized and enforceable throughout South Africa. Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
