Exam (elaborations)
Exam (elaborations) PVL2601 - Family Law (PVL2601)
- Course
- Institution
Exam (elaborations) PVL2601 - Family Law (PVL2601)
[Show more]
Seller
Follow
TheEconomist
Reviews received
Content preview
+27 680 77 9615info@furtherstudiesinstitute.com
280 Oak Avenue, Randburg, Johannesburg, ZA
, +27 680 77 9615
info@furtherstudiesinstitute.com
280 Oak Avenue, Randburg, Johannesburg, ZA
Question 1
Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of
Mr and Mrs X. C and Y have a daughter, Z.
a) Briefly explain the difference between consanguinity and affinity. (2)
Consanguinity refers to the relationship between individuals who are related by
blood, meaning that they share a common ancestor. Affinity, on the other hand,
refers to the relationship between individuals by marriage. Affinity relationships
are created when one spouse marries into a family, creating relationships
between the spouse and their spouse's family members.
b) Briefly explain what consanguinity in the collateral line means. (2)
In South African law, consanguinity in the collateral line refers to the relationship
between individuals who are not directly related by blood (such as siblings,
parents and children), but who share a common ancestor in a previous
generation.
c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and
explain your answer with reference to authority. (3)
Specifically, Section 15(1) of the Marriage Act states that: "No marriage shall be
solemnized between parties who are within the prohibited degrees of relationship,
which degrees shall be computed according to the law of the place where the marriage
is solemnized."1
In this case, the child of one's sister would be a first cousin, which is within the second
degree of consanguinity. As a result, such a marriage would be considered incestuous
and would be prohibited under South African law.
d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and
explain your answer with reference to authority.
No. Section 15 of the Marriage Act provides that a marriage may not be solemnized
between parties who are closer than the third degree of consanguinity or affinity. Mr X
is her father-in-law.2
1
See Section 15 of the Marriage Act 25 of 1961
2
See Section 15 of the Marriage Act 25 of 1961
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller TheEconomist. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.90. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67163 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now