2016 Exam Papers

 

FACULTY OF COMMERCE, ADMINISTRATION & LAW

DEPARTMENT OF LAW

SECOND SEMESTER EXAMINATIONS – 2016

LPFL 102- FAMILY LAW

 

DURATION: 3 HOURS                                                                       FULL MARKS: 100

                                                                                                            SUBMINIMUM: 

Internal Examiner

Mrs. L Ramaccio Calvino

Internal Moderator

Prof. D Iyer

 

INSTRUCTIONS:

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:

John, a 21 year old South African navy sailor, and Mary, a 17 year old waitress have known each other for a month. During a Sunday morning church service, John decided to ask Mary to marry him. The parties decide not to waste any time and immediately got married. Mary informed both the priest and John that she was 18 years of age. John had to board the navy ship the following day. A month after the wedding Mary informed John that she was pregnant and that she had to tell her parents of the wedding. Her parents were outraged. On John’s return to Durban harbour John told Mary that his fellow sailors on the ship suggested that he and Mary change their matrimonial property regime. John consulted a friend who drafted an agreement in terms of which Mary and John changed their marital regime to out of community of property. A year later Mary discovered that John was unfaithful to her. Mary wanted nothing to do with John and told him that she will raise their child alone.

Answer the following questions based on the aforesaid facts. Reference must be made to authority where applicable.

Question 1:

 

1.      John has been informed by his friend, a law student, that the engagement
   John entered into was valid but that John can cancel the engagement based on justa causa. Do you agree with John’s friend? Motivate your answer.                                                                                                            (20)
    

1.2     If Mary and John entered into a civil union, what would be the legal requirements for a civil union and how do these requirements differ from the requirements in terms of the Marriage Act?                                                                                      (20)

                                                           

1.3     Suppose Mary alleges that John has had an adulterous relationship with another sailor. Discuss whether John has any parental rights and responsibilities in respect of the minor child and what factors the court will take into consideration in determining the best interest of the minor child.                                                            (20)

  

 

1.4     Explain to Mary the immutability principle and discuss whether the agreement that she and John entered into is enforceable against third parties by considering section 21(1) of the Matrimonial Property Act’s procedural and statutory requirements.                                                                                                                      (20)

1.5     Suppose John died intestate. Will Mary have been able to inherit from John if

they were not legally married? Would your answer differ if John was in a life partnership with Peter?                                                                              (20)

                                                                                         

THE END