Notes by Linah

This summary, concisely details all the topics covered in the first semester of Private Law 171. The topics covered are: - Definitions of concepts and terminology - The beginning of legal subjectivity - The end of legal subjectivity -The private law status of a legal subject and the factors affecting it, including: - Age -Birth -Sex and gender - Domicile - Mental illness, prodigality, insolvency, etc.

These notes discuss customary marriages - it is a general overview, not an in-depth analysis. The notes look at the legal and formal requirements for customary marriages, the wife's status, the proprietary consequences and the dissolution of civil marriages. Integrated into the notes are discussions of: Mayelane v Ngwenyama 2013 4 SA 415 (CC) Ramuhovi v President of the Republic of South Africa 2017 4 BCLR 431 (CC) Gumede v President of the Republic of South Africa 2009 3 SA 152 (CC) Si...

These detailed and thorough class notes contain all the work covered in semester 2 (2020). They include discussions and summaries of the relevant case law as well as topic summaries.

These notes discuss the ways a marriage can be terminated in South African law, there is an emphasis on marriages terminated through divorce. This discussion on marriages terminated by divorce looks at the position before and after the Divorce Act. The notes also include the relevant case summaries and discussions, namely: Coetzee v Coetzee 1991 4 SA 702 (C) Dickinson v Dickinson 1981 3 SA 856 (W) Schwartz v Schwartz 1984 4 SA 467 (A)

These notes discuss the personal consequences of divorce as well as the award of maintenance in divorce proceedings, and briefly how children are factored in divorce proceedings.

These notes discuss the patrimonial consequences of divorce in both marriages in and out of community of property. They focus on the forfeiture of patrimonial benefits in terms of s9 of the Divorce Act as well as redistribution of assets in terms of s7 of the Divorce Act. Integrated into these discussions are the relevant case summaries and discussions, the cases covered are: Wijker v Wijker 1993 4 SA 720 (A) Beaumont v Beaumont 1987 1 SA 967 (A) Kritzinger v Kritzinger 1989 1 SA 67 (A) ...

These notes focus on the patrimonial consequences of civil marriage also known as a variable consequences of marriage. The notes outline the existing matrimonial property systems in South Africa. This includes detailed discussions of marriage in community of property, marriage out of community of property with or without accrual. Integrated within the notes are summaries and discussions of the relevant case law which includes Bopape v Moloto. Concluding the notes is a concise summary of the enti...

These notes outline the personal consequences of civil marriages with particular focus on: - the status of the parties - the consortium omnis vitae - the reciprocal duty of support Integrated into the notes are summaries and discussions of the relevant case law including: - Van der Westhuizen v Van der Westhuizen 1996 2 SA 850 (CC) - RH v DE 2014 6 SA 436 (SCA) - DE v RH 2015 5 SA 83 (CC) - Wassenaar v Jansen 1969 2 SA 349 (W) - Reloomel v Ramsay 1920 TPD 371 - Voortrekkerwinkels (Ko-operatief) ...

These notes discuss void, voidable and putative marriages in the context of South African law. The notes focus on what makes the marriages void, voidable or putative and the consequences of such marriages. Integrated into the notes are summaries and discussion of the relevant case law, namely: -Smith v Smith 1948 4 SA 61 (N) - Van Niekerk v Van Niekerk 1959 4 SA 658 (GW) - Venter v Venter 1949 4 SA 123 (W) - Moola v Aulsebrook 1983 1 SA 687 (W) - Ngubane v Ngubane 1983 2 SA 770 (T) - Solomons ...

These notes discuss the four legal requirements for entering into a valid civil marriage, namely: - capacity to act -lawfulness -consensus -prescribed formalities Integrated with these notes are the summaries and discussions of the relevant case law which includes: - B v B 1983 1 SA 496 (N) - Martens v Martens 1952 3 SA 771 (W) - Smith v Smith 1948 4 SA 61 (N)