PVL2601 EXAM PACK.LATEST.

MAY/JUNE 2019 QUESTIONS 1. A and B are married They have a daughter, Mary B also has a son, Quintin, from a previous marriage Marry and Quintin are related to each other as follows [1] They are collateral blood relatives [2] They are blood relatives in the direct line [3] They are relatives by affinity in the direct line [4] They are relatives by affinity in the collateral line 2. Which one of the following is a common requirement for the spouses' reciprocal duty of support and the capacity to incur debts for household necessaries in a civil marriage? [1] The existence of a valid civil marriage [2] The existence of a joint household [3] The transaction must relate to household necessaries [4] The person from whom the support Is claimed must be able to provide it 3. A debtor wants to claim a delictual debt that Zille incurred during her marriage in community of property with Julius Zille and Julius are now divorced Against whom can the debtor institute the claim for delictual debt? [1] Only Julius [2] Only Zille [3] Either Julius or Zille [4] Julius and Zille together 4. Mr Naicker, the sole member of a close corporation, bound himself as surety for the close corporation's loan from AB Bank Mr Naicker did so without Mrs Naicker's consent with whom he is married in community of property He did, however, conclude the suretyship in the ordinary course of his profession, trade or business The transaction is therefore [1] valid in terms of section 15(9)(a) of the Matrimonial Property Act of 1984 [2] void in terms of section 15(9)(a) of the Matrimonial Property Act of 1984 [3] void in terms of section 15(6) of the Matrimonial Property Act of 1984 [4] valid in terms of section 15(6) of the Matrimonial Property Act of 1984 5. At the time of their marriage, Mandla and Khanyi were ignorant of the consequences of their marriage in community of property It Is only now that they realise separation of PVL2601 EXAM PACK. property would have suited their circumstances much better What must Mandla and Khanyi now do to ensure that they are formally married out of community of property? [1] They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for leave to change their matrimonial property system [2] They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change their matrimonial property system [3] They must enter into a written postnuptial agreement and have it notarially executed [4] They must obtain a decree of divorce before changing their matrimonial property system 6. Which section of the Divorce Act 70 of 1979 creates an exception to the rule that the court does not have the power to refuse to grant a divorce order where it is proved that the marriage has broken down irretrievably? [1] Section 3 [2] Section 4(1) [3] Section 5(2) [4] Section 5A 7. Mr and Mrs Modise were married with complete separation of property on 10 December 2000 They are now involved in divorce proceedings With regard to Mr Modise's pension interest in Unisa's pension fund, Mrs Modise [1] will not be entitled to claim part of Mr Modise's pension interest at all [2] will be entitled to claim that part of Mr Modise's pension interest must immediately be paid to her directly [3] will be entitled to claim that part of Mr Modise's pension interest must immediately be transferred to a pension fund of her choice [4] will not be entitled to claim part of Mr Modise's pension interest until such time as he retires or resigns from his job at Unisa 8. Mr and Mrs Carrim were married with complete separation of property in 1982 Which one of the following contributions will NOT qualify for a redistribution order in favour of Mrs Carrim upon divorce in terms of our legislation and case law? [1] Mrs Carrim takes care of the household and the children born from the marriage [2] Mrs Carrim manages the books of Mr Carrim's psychology practice in her spare time without remuneration [3] Mrs Carrim declines an offer to be the manager of a new business in Dubai as it would have been detrimental to Mr Carrim's psychology practice [4] Mrs Carrim contributes part of her salary towards Mr Carrim's holiday home 9. What kind of maintenance can be awarded to a wife who needs maintenance at the time of divorce, but whose former husband will only be able to meet her existing maintenance needs at some stage in the future? [1] Rehabilitative maintenance [2] Token maintenance [3] Lump-sum maintenance [4] No maintenance 10. Paul and Mary are involved in divorce litigation They have a son, aged 6 and a daughter, aged 1 In which one of the following scenarios, according to the case Van Vuuren v Van Vuuren, does the family advocate NOT need to apply for an order authorising an enquiry in terms of the Mediation in Certain Divorce Matters Act 24 of 1987? [1] Paul and Mary agree that Mary will be the care-giving parent of the children after the divorce [2] Paul and Mary agree that Paul will be the care-giving parent of the children after the divorce [3] Paul and Mary agree that Paul will be the care-giving parent of their son and Mary will be the care-giving parent of their daughter after the divorce [4] Paul and Mary agree that care of the children should be awarded to Paul's parents after the divorce 11. Which one of the following requirements does NOT apply to a civil union? [1] Both parties must have capacity to act [2] Both parties must agree to enter into a civil union with one another [3] Both parties must be of the same sex [4] The civil union between the parties must be lawful 12. In Gumede v The President of the Republic of South Africa the Constitutional Court removed the differentiation between the patrimonial consequences of entered into before and after the Recognition of Customary Marriages Act 120 of 1998 [1] monogamous customary marriages [2] minors' customary marriages [3] polygynous customary marriages [4] civiI unions 13. In which one of the following circumstances would a child be considered adoptable? [1] The child performs poorly at school [2] The child is constantly fighting with his or her siblings [3] The child has been abandoned [4] The child wants to move to another city 14. In which one of the following ways can a person acquire parental responsibilities and rights m respect of a child? [1] Entering into a permanent life partnership with the child's biological mother after the child's birth [2] Entering into a civiI marriage with the child's mother but divorcing her before the child is conceived [3] Giving birth to the child [4] Paying a sum of money to the court to acquire such responsibilities and rights 15. Section 28 of the Constitution of the Republic of South Africa, 1996 confers special protection on children below the age of [1] 21 years [2] 18 years [3] 16 years [4] 10 years OCTOBER/NOVEMBER 2019 QUESTIONS 1. In which one of the following cases did the Constitutional Court hold that contempt proceedings in the High Court to secure the enforcement of a maintenance debt are appropriate constitutional relief for the enforcement of a claim for the maintenance of Children? [1] Soller v Maintenance Magistrate, Wynberg [2] Burger v Burger [3] Mngadi v Beacon Sweets & Chocolates Provident Fund [4] Bannatyne v Bannatyne (Commission for Gender Equality, as Amicus Curiae) 2. During the subsistence of a civil marriage, both spouses have a right to have in the matrimonial home