Terminology Marriage contracts Flashcards
Suspensive condition
The performance/donation is suspended or delayed until the happening of a future event (e.g.
the birth of a child, obtaining a certain qualification etc.)
Antenuptial contract
1) A contract entered into PRIOR to conclusion of the marriage in terms of which the intended spouses agree on the property system which will apply to
their marriage.
2) Can also include other terms but the primary purpose is to determine the patrimonial consequences of the intended marriage.
3) Must be drafted by a Notary Public
Resolutive condition
1) Performance/donation is due immediately, but if condition is fulfilled it must be returned.
2) See reversionary clause
Reversionary clause
1) Clause in terms of which a donation must revert back to the donor at the happening of a certain
event.
2) See resolutive condition
Execution (of a contract)
Carrying out, performance, drafting (of a contract)
Attestation clause
A clause at the end of a document, which sets forth the legal requirements the document must satisfy,
states that those requirements have been met, and is signed by one or more witnesses
Notarial attestation
(Contract) signed by a notary public
Notary Public
1) A Notary Public is a specialist attorney who has an intimate knowledge of certain acts, and the processes prescribed therein, and who is legally
empowered to officially witness signatures, take statements and certify the validity of documents
2) Being held to a higher standard of care than an attorney, a notary is a specialist in the drafting and/or legalisation of certain documents
Postnuptial contract
1) A contract entered into AFTER the marriage has been concluded in terms of which spouses agree to CHANGE their matrimonial property system.
2) Must be preceded by a high court application in terms of section 21 of the Matrimonial Property Act.
Rectification
1) Correcting a mistake.
(Differentiate from ratification!)
