PVL2601 MCQ 2022: SECTIONS 1 AND 2

1. A civil marriage concluded by a mentally ill person will be regarded as valid if it was entered into ... a. with the consent of the mentally ill person's guardian.

b. with the consent of the mentally ill person's curator.

c. during a lucidum intervallum.

d. with the consent of a mental health care practitioner.

2. Affinity in the direct line does NOT exist between one spouse and the other spouse's ...

a. stepchildren.

b. adopted children.

c. grandparents.

d. parents.

3. Mr X and Mrs X recently married. They did not enter into an antenuptial contract. Mrs X owns immovable property. Mr X wants his name to be registered on the title deed of the property, but Mrs X refuses. What are Mr X's options?

a. Mr X may bring a claim under section 46 of the Deeds Registries Act, which permits a married person to appoint a conveyancer to add his name to the title deed of the property.

b. Mr X cannot do anything. Mrs X's consent and signature are needed before Mr X's name can be registered on the title deed of the property.

c. As a result of his marriage to Mrs X, Mr X is automatically the owner of a half share in the immovable property, and he does not have to do anything to add his name to the title deed.

d. Mr X must first comply with the requirements set by the Supreme Court of Appeal in Du Plessis v Pienaar and then apply to the court for an order to add his name to the title deed.

4. Which statement regarding an outstanding debt at the dissolution of a marriage in community of property is FALSE?

a. An outstanding contractual debt incurred during the subsistence of the marriage can be claimed from the original debtor.

b. Half of an outstanding contractual debt incurred during the subsistence of the marriage can be claimed from one spouse, and the other half from the other spouse.

c. An outstanding delictual debt incurred during the subsistence of the marriage can be claimed from the original debtor.

d. An outstanding delictual debt incurred during the subsistence of the marriage can be claimed from both spouses.

5. A societas universorum bonorum may NOT be entered into by ...

a. spouses who are married in community of property.

b. spouses who are married in community of property and of profit and loss.

c. spouses who are married subject to the accrual system.

d. spouses who are married subject to complete separation of property.