Lecture 9

Question 2

The presumption of in community of property can be rebutted
by

Answer 2

1) Valid union contract.
2. Law of the matrimonial domicile.
3. Muslim marriages

Question 2

Legal nature of in community of property

Answer 2

1) Assets: Before conclusion of
union
2) Debts: Before conclusion of
the union
3) Assets: After conclusion of union
Debts: After conclusion of
the union

Question 3

Joint estate of X and Y

Answer 3

1) Tied co-ownership
2) Common debts
3) Concurrent administration

Question 4

Tied co-ownership

Answer 4

Half undivided indivisible share

Question 5

Assets

Answer 5

1) Corporeal things.
2) Rights and claims with a positive monetary value that are incorporeal e.g right of occupation or a pension interest of a spouse.
3) Ownership vests by operation of law (ex lege)

Question 6

Assets that do not form part of the joint estate

Answer 6

1) Assets excluded in a marriage contract.
2) Assets excluded in a will or deed of donation.
3) Satisfaction and damages for personal injuries
4) s 18(a) and 18(b) of the Matrimonial Property Act.
5) Means in practice: There is a joint estate and one / both parties could also have a separate estate

Question 7

Section 18(a) of MPA: Delict by third party against
spouse

Answer 7

1) Any amount recovered by him or her by way of damages, other than damages for patrimonial loss,
2) By reason of a delict committed against him or her,does not fall into the joint estate but becomes his or
her separate property

Question 8

Section 18(b) of MPA: Delict by spouse against other spouse

Answer 8

1) he or she may recover from the other spouse damages in respect of bodily injuries suffered by him or her
-2) And attributable either wholly or in part to the fault of that spouse
3) And these damages do not fall into the joint estate but become the separate property of the injured spouse