Study Unit 2 - Lecture 4 Flashcards
(10 cards)
What is created in a customary marriage?
A new legal unit or “house”.
What is the key role of the husband?
Provide for the family and represent it externally.
What are ubulungu and ingquthu beasts?
Ubulungu – maintenance for wife; Ingquthu – gift to bride’s mother.
What change did Act 120 of 1998 make for wives?
Gave wives full legal status and capacity.
What is the effect of Section 7(1)?
Pre-Act marriages follow customary law rules.
What is the effect of Section 7(2)?
Post-Act monogamous marriages = in community of property.
What happened in Gumede v President?
Court ruled unequal property rights in pre-Act marriages unconstitutional.
What must a husband do before a second marriage (Section 7(6))?
Apply to court with a contract for property system.
Is a second marriage valid without Section 7(6) contract?
Yes, but it is out of community of property.
What is the rule on transferring property between houses?
Must be reasonable, for just cause, and with consultation.
