Lecture 10 Sections

Question 1

Section 15 of MPA

Answer 1

A spouse may perform a juristic act with regard to the joint estate without consent of the other spouse

Question 2

Section 15(8)

Answer 2

1) The value of the donation
2) The reason for the donation
3) Their standard of living

Question 3

Section 15(9)(a)

Answer 3

Spouse entered into transaction with 3rd party contrary to consent requirements:
If 3rd part could not have reasonably known .
It was entered into with required consent

Question 4

Section 15(9)(b)

Answer 4

Joint estate suffers a loss as a result of the transaction
2)

Question 5

Section 16

Question 6

Sec 16(2)

Question 7

Section 20(1)

Question 8

Section 17

Question 9

Section 2 MPA

Answer 9

3 requirements:
1) After MPA
2) Concluded via Antenuptial
3) Excluded Community of property and profit and loss

Question 10

Section 8(1) of the MPA

Answer 10

1) The relief the court may grant:
2) An unequal division of the accrual to compensate the
prejudice spouse for loses already suffered.
3) May also issue an order that an accrual system be replaced with a property system in terms of which community of property and community of profit and loss
are excluded.

Question 11

Section 22 MPA

Answer 11

1) Donations are permissible and remove the common law prohibition on them, and the donations no longer need to be made in the marriage contract to be valid and
enforceable