Cases

Question 1

an informal agreement between spouses to change their matrimonial property system has no legal effect if not authorized by court

Answer 1

Honey v Honey

Question 2

the right of spouses to in CoP to institute delictual claims against each other

Answer 2

Van der Merwe v Road Accident Fund

Question 3

the court abolished the claim for contractual damages for breach of promise to marry

Answer 3

Cloete v Maritz 2013
(prescribed)

Question 4

if married out of CoP, spouses can enter into universal partnership

Answer 4

RD v TD

Question 5

the damages ito contract that a party can claim for is real and future damages

Answer 5

Guggenheim v Rosenbaum

Question 6

the marriage act doesnt provide for same sex couples. if the legislature doesn’t amend the act, the MA will be read as if it also provided for ‘spouse’s to marry
the Civil Union act is therefore promulgated

Answer 6

minister of home affairs v fourie

Question 7

minor marriage:
court found that parents’ refusal of consent is without adequate reason
11 months away from majority

Answer 7

Allcock v Allcock

Question 8

minor marriage:
in best interest of child to marry
despite girl parent objections
- religion, guy parents approved

Answer 8

B v B

Question 9

minor marriage:
court did not grant permission to marry. parent refusal is with adequate reason and not contrary to the best interests of the minor
- 13 years her senior

Answer 9

De Greeff v De Greeff

Question 10

when married in CoP, spouses can claim patrimonial damages from each other. damages claimed from separate estate of guilty and falls into separate estate of innocent. if separate estate is not enough, innocent has right to recourse at dissolution of estate.

Answer 10

Van der Merwe v Road accident fund

Question 11

sterility in marriage
renders a marriage voidable if it
1. existed at time of marriage
2. parties intended to have children
3. incurable

Answer 11

Van Niekerk v Van Niekerk 1959

Question 12

Sterility must be fraudulently concealed for it to be voidable

Answer 12

Venter v Venter 1949

Question 13

if husband wants annulment for stuprum, he has to prove he was unaware of pregnancy at conclusion of marriage

Answer 13

Smith v Smith 1936

Question 14

if husband wants annulment for stuprum, has to prove he did not waive his right to ask for annulment and he did not condone her actions

Answer 14

Kilian v Kilian

Question 15

the claim for loss of consortium omnus vitae is abolished.
outdated

Answer 15

DE v RH