Summary 5 Modules of Family law notes

LFL – Family Law :
Chapter1 : Civil Marriages:
 The definition of family consists of a Wide sense and Narrow sense.
 Wide Sense: Includes different types of family relationships such as
relationships where people are related through blood,ancestors or
adoption.Can also include extreme cases where there is no direct
family tie.
 Narrow Sense: Restricts types of relationships that can be
classified under the term family to lawufully recognized spouses or
civil union parthners and their childern.
 Distinction between immediate and extended family:
 Immediate family : spouse/parthner,children,parents,brothers&
sisters.
 Extended faimily: Aunts,uncles,cousins,grandparents.
Chapter 2 : The Engagement:
 Engagements are based on consensus
 An Engagement is a mutual promise or agreement between two
people(usually a man & woman) to get married on a future date.
 Material misrepresentation renders an egagement voidable.
 Material misrepresentation is the act of one party intentionally
hiding a material fact ehich could’ve altered the basis of the
engagement/contract/agreement.
Requirements for a valid engagement:
 Both people must have cappacity to act
 Both people must be unmarried
 May not be related
 Both people must be above the age of puberty
 Must be opposite sex
Reasons for a Void engagement
 Engagements to a third person while the other person is still
married even if the person is in the process of divorce is void due to
Contra bones mores
 Contra bones mores : Means against good morals.
 If the unmarried party was unawre of the other party’s marriage
they can sue the married party for Constumelia which means insult.
Termination of the Engagements :
 Unilateral termination which can be lawfull or unlawfull
 Lawfull when there is justa cause
 Unlawfull when there is no justa cause and thus a breach of promise.

, A just cause is any event that happened prior to the wedding that
jeprodices the chances of a good and happy marriage.
Reasons for a Justae Cause:
 Becoming Steril/impotent
 Developing a Serious hereditary disease
 Developing a Mental illness
 Becoming an alcholoic
Consequences of termination of the engagement:
 Delictual damges for personality infringement
 Contractual damages for breach of contract
 Return of Engagement Gifts
1.Delictual damges for personality infringement;
 If the termination of engagement wounds the dignity or sullies the
honour of the other party, the injured party may institute the actio
iniuriarum/action of damges.
 Under this action the injured party claims solatium which is
sentimental damges.
 In order to arrive at a decision for sentimental damges the court
takes the following in consideration:
 The way in which the termination occurred
 The motives behind the course of action
 The social status of the parties
 Their previous life experience
 Case example : Davel v Swanepoel
2.Contractual damages for breach of promise ;
 In the past the court awarded contractual damages to the jilted
party if the other party commited breach of promise.
 Adopted a sui generis approach that awarded both prospective loss
of benefits and actual loss of benefits.
 They could also claim the maintenance they would have received.
 The abolition of contractual claim for breach of promise because the
action places the marital relationship on a rigid contractual footing.
 Also because it is considered to be outdated and does not match
with the norms and customs of our time
 Also illogical to place fault on termination of engagement as there is
no longer fault placed during divorces.
 In respect to prespective loss it was argued that parties was not
aware and did not think that a breach of promise would have the
same financial results as a marriage.

,  Actual Loss does not flow from breach of promise but from a
nnumber of tacit agreements between the parties during the course
of the duration.
 Only abolished the law of contractual damages for prospectie loss
 The law for contractual damages of actual loss is not effected
 The law for sentimental damages remains uneffect as well.


3.Return of engagement gifts:


 If the engagement is mutually terminated or terminated with justa
cause will hae the following results:
 Gifts made with a view of marriage are called Sponsalitia largitas
and must be returned by both parties.
 Small gifts that are used up has not to be returned and are called
out-and-out gifts,
 The engagement ring and gifts that show the seriousness of the
promise are called arrhae spansalitia.
 If one of the parties have commited breach of promise the injured
party may reclaim the sponsalitia largitas and arrhae spansaliatia
they gave to the guilty party


Satisfaction on the grounds of seduction:
 Seduction is extra-marital sexual intercourse with a virgin or a chaset woman,
with her consent.
 The action of satisfaction for damages is available regardless of whether the
parties was engaged to each other when the seduction took place.
 An action on the ground of seduction compramises 2 separate claims ;
1. Satisfaction for defloration and reduction of a womans chances of entering
into a suitable marriage.
2. Damages on the ground of seduction.
 If the woman gave birth as a result of the seduction of the seducer is also
responssible for the lying-in expenses( expenses incurred in respect of the childs
birth).
 Discriminates against men based on sex and show inequility.
 Discriminates against woman and violates their dignity.


Chapter 3 : Legal requirements for a civil marriage :
Definition: A legally recongnised voluntaty union between one man and one woman to
the exclusion of all other persons.

Requirements for a civil marriage: