PVL2601
ASSESMENT 2
ANSWERS
Question 1
Mr. and Mrs. X entered into a civil marriage without an antenuptial contract. They have two children, YX and ZX. At
the time of entering into the marriage, Mrs. X was unaware of the fact that Mr. X was already a party to another civil
marriage in the community of property. Mrs. X found out about the other civil marriage after Mr. X’s death.
(a) What is the type of marriage entered into by Mr. and Mrs. X?
Void Civil Marriage
(b) What is the legal status of their children, YX and ZX?
YX and ZX are children born to unmarried parents
(c) Mrs. X approaches you as an attorney for advice. Advise her about the validity of her marriage and its
patrimonial consequences, if any. Refer to relevant case law in your answer.
A civil marriage that never existed is referred to as a void civil marriage. If the "marriage" had not been
consummated, the situation is exactly as it would have been. Because the material conditions were not satisfied, the
, marriage is null and invalid. However, the prerequisites rule does not always apply (Ex parte don). The status of the
parties is unaffected, and neither the parties nor their children are subject to any of the penalties of a civil marriage
that is void ab initio (from the beginning). The reciprocal duty of support does not apply between the couples, they
do not inherit from one another intestate, they are free to enter into another legal marriage, a civil union, or a
customary marriage, and so on. No matrimonial property system is in place between the spouses. The marriage is
void as of the day it was formed. It can be declared void by one of the parties or a third party. Even after the passing
of the parties, the nullity may be challenged. It is advised to acquire a court order voiding it for the sake of legal
certainty. The bona fide party to a void civil marriage may bring a delictual action for satisfaction against the other
party to the invalid civil marriage; the court ruling only affirms the marriage's status.
Question 2
Mr. and Mrs. Z are married in a community of property. Three months ago, Mrs. B instituted legal proceedings
against Mr. Z for compensation for injuries she sustained when he assaulted her outside her office. The assault had
happened in front of several members of the public, who have all confirmed that the assault was unprovoked. They
all say that Mr. Z had lashed out and started assaulting Mrs. B when she asked him to move his car because it was
blocking the emergency exit of the office building. When the summons was served on Mr. Z, he told his wife that he
would defend the proceedings. Mrs. Z thereupon told Mr. Z that she would never consent to his defending the legal
proceedings. She also told him that he should apologize to Mrs. B, thank Mr.s B for not having laid a criminal
ASSESMENT 2
ANSWERS
Question 1
Mr. and Mrs. X entered into a civil marriage without an antenuptial contract. They have two children, YX and ZX. At
the time of entering into the marriage, Mrs. X was unaware of the fact that Mr. X was already a party to another civil
marriage in the community of property. Mrs. X found out about the other civil marriage after Mr. X’s death.
(a) What is the type of marriage entered into by Mr. and Mrs. X?
Void Civil Marriage
(b) What is the legal status of their children, YX and ZX?
YX and ZX are children born to unmarried parents
(c) Mrs. X approaches you as an attorney for advice. Advise her about the validity of her marriage and its
patrimonial consequences, if any. Refer to relevant case law in your answer.
A civil marriage that never existed is referred to as a void civil marriage. If the "marriage" had not been
consummated, the situation is exactly as it would have been. Because the material conditions were not satisfied, the
, marriage is null and invalid. However, the prerequisites rule does not always apply (Ex parte don). The status of the
parties is unaffected, and neither the parties nor their children are subject to any of the penalties of a civil marriage
that is void ab initio (from the beginning). The reciprocal duty of support does not apply between the couples, they
do not inherit from one another intestate, they are free to enter into another legal marriage, a civil union, or a
customary marriage, and so on. No matrimonial property system is in place between the spouses. The marriage is
void as of the day it was formed. It can be declared void by one of the parties or a third party. Even after the passing
of the parties, the nullity may be challenged. It is advised to acquire a court order voiding it for the sake of legal
certainty. The bona fide party to a void civil marriage may bring a delictual action for satisfaction against the other
party to the invalid civil marriage; the court ruling only affirms the marriage's status.
Question 2
Mr. and Mrs. Z are married in a community of property. Three months ago, Mrs. B instituted legal proceedings
against Mr. Z for compensation for injuries she sustained when he assaulted her outside her office. The assault had
happened in front of several members of the public, who have all confirmed that the assault was unprovoked. They
all say that Mr. Z had lashed out and started assaulting Mrs. B when she asked him to move his car because it was
blocking the emergency exit of the office building. When the summons was served on Mr. Z, he told his wife that he
would defend the proceedings. Mrs. Z thereupon told Mr. Z that she would never consent to his defending the legal
proceedings. She also told him that he should apologize to Mrs. B, thank Mr.s B for not having laid a criminal
