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3 Cards in this Set
- Front
- Back
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Proprietary consesequences |
Control over the house property- belongs to husband, main wife and kids. husband controls the property Relationship between houses- one house may not be enriched at the cost of another Reform under the RCM Act |
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Reform under the RCM Act |
S7(1) of Act 120 of 1998- proprietary consequences of customary marriages entered into before commencement of the Act to be governed by customary law. S7(2) Monogamous customary marriages entered into after commencement of Act results in a family estate that is in community of property and of profit and loss, unless such consequences are specifically excluded in an antenuptial contract |
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Gumede(born Shange) v Gumede |
dispute regarding the proprietary consequences of customary marriages entered into before RCM Act. the provision was challenged which provided that the proprietary consequences of a customary marriage entered into before the commencement of the Act continue to be governed by customary law. Elizabeth Gumede entered into a customary marriage in 1968. marriage has since broken down irretrievable, in Jan 2003 her husband instituted divorce proceedings. Mrs Gumede did not work during marriage- but maintained household and had 4 children. Family acquired 2 pieces of immovable property during the course of marriage. Value of these property, together with furniture and appliances amount to R40 000 each. Court found respondent failed to provide adequated discrimination |
