Question
Mr and Mrs A got married in community of property three years ago. With the money they received as wedding gifts, they bought a stand
Mr and Mrs A got married in community of property three years ago. With the money they received as wedding gifts, they bought a stand on which they planned to build a house once they had saved enough money. A month ago, Mr A sold the stand to Mr X without Mrs A's consent. Mr X met Mr A for the first time on the day that they entered into the contract for the sale of the stand. During their meeting, Mr X and Mr A discovered that they were distant cousins. When Mr X asked Mr A whether he was married in community of property, Mr A told Mr X that he was married out of community of property without the accrual system. Mr X also asked the owners of neighbouring stands whether they knew if Mr A was married in or out of community of property. None of the neighbours knew which matrimonial property system applied in Mr and Mrs A's marriage. Now, Mr A insists that the contract for the sale of the stand is void because he did not obtain Mrs A's consent to the contract. Mr X wants to enforce the sale. Fully explain to Mr X whether the contract for the sale of the stand is valid. You must refer to legislation and case law in answering the question.
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