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22 Danielle and Steve are married out of c of p with the application of the accrual system. Steve's estate was sequestrated during August 2016.
22 Danielle and Steve are married out of c of p with the application of the accrual system. Steve's estate was sequestrated during August 2016. Kenneth was appointed as the trustee of Steve's insolvent estate, by the Master of the High Court, Johannesburg. Danielle decides that she wants to sell her beach house, which is registered in her name, to Kathy. Danielle approaches you to advise her on the requirements to conclude a valid and enforceable contract of sale. She is specifically worried about her husband's insolvent estate and the formalities she has to comply with. Q.3.1 Explain whether Danielle needs Steve's consent before selling the property. (2) Q.3.2 Before being concluded, what types of contracts need to be signed by both parties and attested to by two witnesses from a spouse married in community of property? (4) Q.3.3 Before being concluded, what kinds of contracts need only informal consent from a spouse married in community of property? Q.3.4 Explain which of the two types of marriage gives you greater capacity to act. (3) 2022 (2) Q.3.5 In what way does ratification allow a person married in community of property to conclude a contract concerning the joint estate without prior consent from his or her spouse? (4)
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