CHAP 4: CONSEQUENCES OF MARRIAGE

Question 1

INVARIABLE CONSEQUENCES OF MARRIAGE

Answer 1

1. status of spouse
2. consortium omnis vitae
3. reciprocal manteinance duty
4. regulation of right to purchase household necessaries

Question 2

STATUS OF SPOUSE

Answer 2

there’s last name changes, spouses relate in affinity, both parties become exclusive to one another, intestate succession sets in, father has full rights, equality among spouses & capacity to act is limited

Question 3

CONSORTIUM OMNIS VITAE

Answer 3

refers to reciprocity of physical, moral & spiritual community of life

Question 4

PROTECTION AND ADVANTAGES OF C.O.V

Answer 4

spouses confide in each other
cannot testify against each other
can't compel each other to comply to conjugal duties
spouses can claim support
can divorce if there's no C.O.V

Question 5

PROTECTION OF C.O.V AGAINST 3RD PARTY

Answer 5

adultery claims are thrown out of court bc of RH v DE
enticement could be claimed-influencing the other party to leave their spouse
harboring could be claimed-keeping the spouse away from the other

Question 6

RECIPROCAL SPOUSAL MAINTENANCE: DUTY OF SUPPORT

Answer 6

both spouses should contribute to the lifestyle and such (pro rata) accord to their means
spouses can claim maintenance at High Court

Question 7

RECIPROCAL SPOUSAL MAINTENANCE: EFFECTS OF MARRIAGE DISSOLUTION

Answer 7

this refers to either marriage ended by divorce, separation or death

support ends at divorce

by death the remaining spouse can claim for maintenance accord. to Maintenance of Surviving Spouses Act

separated spouses can claim for maintenance in court, subject to objective test of ability & the need to

Question 8

RECIPROCAL SPOUSAL MAINTENANCE: LIABILITY OF SPOUSES FOR DEBTS

Answer 8

negotium gestio: spouses become liable for contracts applied for by the other spouse, meaning they pay for the other spouses liability (dominus negotii)

Question 9

RECIPROCAL SPOUSAL MAINTENANCE: UNJUSTIFIED ENRICHMENT

Answer 9

happens when the other spouse obtains patrimonial benefits at the expense of the other party

Question 10

HOUSEHOLD NECESSARIES

Answer 10

refers to spouses purchasing goods for the household

both spouses are responsible for the credits of this factor

Question 11

REQUIREMENTS FOR LIABILITY TO PURCHASE THE NECESSITIES

Answer 11

both spouses are held liable even when they separate, the creditors are entitled to holding both accountable

Question 12

TERMINATION OF SPOUSAL LIABILITY

Answer 12

this happens when the marriage dissolves either by death or divorce

when joint household ends

if the court overstates that a spouse can suspend other spouse’s power in the liability

Question 13

DONATIONS B/W SPOUSES

Answer 13

prev, donations b/w spouses were prohibited bc it was regarded as prejudice against the 3rd party & a way to avoid insolvency