NAME&SURNAME: MAGAELA KOKETJO

STUDENT NUMBER: 69199140

MODULE CODE: PVL2601
UNIQUE NUMBER: 578271

QUESTION 1
1.(a) Community of property
(b) In the case of Mrs Brown, the fact that Mr Brown was
already a party to another civil marriage in community of
property has significant implications. According to the
conflicting case law, there are two possible interpretations,
which are :
- Mr Brown’s prior marriage automatically invalidates his
subsequent marriage to Mrs Brown. This means that Mrs
Brown’s marriage is null and void, and she would not have any
patrimonial consequences arising from the marriage.
- Mr Brown’s prior marriage does not automatically invalidate
his subsequent marriage to Mrs Brown. In this case , Mrs Brown
would be considered a concurrent spouse and she would have
a claim against Mr Brown’s estate for her share of the joint
estate.
Given the conflicting case law, it is so important for Mrs Brown
to seek legal advice specific to her jurisdiction. An attorney can
assess the relevant laws and precedents in her jurisdiction to
provide her with accurate advice on the patrimonial
consequences of her marriage.

QUESTION 2

- Mr Mopeli's claim that he can sell his own assets without

consulting Mrs Mopeli is not entirely accurate. In a marriage
out of community of property with the accrual system, both
spouses have certain rights and obligations regarding the
matrimonial property. Mrs Mopeli can take statutory steps to
protect her interests in this situation.
- under the accrual system, each spouse retains ownership of
their own assets acquired before and during the marriage.
However, upon dissolution of the marriage, the accrual of each
spouse is calculated to determine the growth in their respective
assets during the marriage. The spouse with the smaller accrual
has a claim against other spouse for half of the difference.
- in a marriage, both spouses have a duty to support each other
and to administrate the matrimonial property in a responsible
manner. This duty includes acting in good faith and not
dissipating or disposing of assets without the other spouse’s
consent.
- Mrs Mopeli can approach the court to seek an interdict or an
order preventing Mr Mopeli from disposing of any further
assets without her consent. She can also request the court to
issue an order preventing Mr Mopeli from disposing of any
assets until the finalization of the divorce, if the situation
worsens up.
-Mr Mopeli’s claims that he can sell his own assets without
consulting Mrs Mopeli is incorrect, because even in a marriage
out of community of property with the accrual system. Both
spouses have rights and obligations regarding the matrimonial
property and nothing can be sold without the consent of the
other spouse.