2015 Exam Paper

 

 

FINAL EXAMINATION – _____OCTOBER 2016

FACULTY OF COMMERCE, ADMINISTRATION & LAW

DEPARTMENT OF LAW

LPFL102- Family Law

 

 

DURATION: 3 HOURS                                                        MARKS: 100

 

 

Internal Examiner(s):

Mrs. L Ramaccio Calvino

 

 

Internal Moderator:                                                           Head of Department:

Dr. D Iyer                                                                           Mrs. K Naidoo

 

 

______________________________________________________________________

 

 

INSTRUCTION TO CANDIDATES

 

 

1. Please ascertain that this paper consist of THREE pages.

2. Please clearly number the questions correctly.

3. Please answer each question on a new page.

4. Write neatly.

5. Every answer must properly motivated with reference to case law and  

    legislation where applicable.

 

 

 

 

 

 

 

 

Question 1:

 

Jack and John have been life partners since 2008. John, a military pilot, often travels to remote places without being able to contact Jack. John met Jack in Iraq whilst Jack was working for “Doctors without Borders”. John has a three year old son born from a previous relation by the name of Peter. John was awarded full parental rights and responsibilities in respect of Peter after Peter’s mother was declared mentally unstable.

 

On the 1^st day of April 2010 John and Jack went to a party and whilst both of them where intoxicated John proposed to Jack. Jack accepted the proposal. The next morning John had to leave early for a mission in Afghanistan. He left before Jack woke up.  Jack, being very excited about the intended wedding, booked the Oyster Box for the wedding reception and paid a deposit of R100 000 (one hundred thousand rand). Jack also paid R10 000(ten thousand rand) for a Tom Ford wedding suit.   

 

On John’s return from Afghanistan, he realised that Jack was serious about the proposal and decided to go ahead with the marriage. John consulted an avid 1^st year law student and was told that he can cancel the engagement by claiming “justa causa”.

 

 

1. Assuming that a valid engagement was entered into between John and Jack, would John be able to cancel the engagement based on justa causa? Motivate your answer with reference to legal authority.                                                  (20)
    
2. In lieu of the immutability principle, can John and Jack change their matrimonial property regime, and if so, what would it entail?                                              (20)

 

1. Suppose John died 4(four) months after he divorced Jack. Furthermore suppose that Jack and Peter was John’s sole beneficiary and that Jack was appointed as the testamentary guarding of Peter.  Will Jack be able to inherit in terms of John’s estate?                                                                                                  (10)

 

1. Suppose (for purposes of this question only) that Jack was not a doctor and that he was in fact a minor. Would the union between John and Jack be void, and if not, what remedies may John have against Jack should Jack start squandering John’s assets? Motivate your answer with reference to legal authority.         (20)

 

Question 2:

 

Explain to Jack what parental rights and duties entail, as well as whether it would be in Peter’s best interest to remain with Jack or to be reunited with his biological mother.

         (30)

 

THE END