Terminology Variable Consequences of A Civil Marriage

Question 1

Tied co-ownership

Answer 1

1) Type of ownership that spouses have in a marriage in community of property.
2) Also undivided, indivisible half shares in property.

Question 2

Free co-ownership

Answer 2

1) Co-ownership that allows co-owners to sell off their half share in the property.
2) Can arise in a marriage out of community of property

Question 3

Antenuptial debts

Answer 3

Debts that were incurred before the conclusion of the marriage.

Question 4

Postnuptial debts

Answer 4

Debts that were incurred after conclusion of the marriage

Question 5

Corporeal things

Answer 5

Consisting of material objects

Question 6

Incorporeal things

Answer 6

Not composed of matter, non-physical, intangible

Question 7

Deed of donation

Answer 7

Document in terms of which one person makes a donation to another

Question 8

Patrimonial damages

Answer 8

Damages that can be assessed in monetary terms.

Question 9

Satisfaction

Answer 9

Non-patrimonial damages, for example relating to pain and suffering, loss of amenities of life, loss of reputation.

Question 10

Delictual debts

Answer 10

A debt that arises out of the commission of a delict, for example, if X negligently caused an accident in which Y is injured, X will incur a delictual debt towards Y

Question 11

Concurrent administration

Answer 11

1) The way in which the joint estate of spouses in a marriage in community of property are managed.
2) Has two facets – equal/independent
administration that allows a spouse to act independently from the other spouse and joint administration that limits the capacity to act of both spouses