Exam (elaborations)
LPL4805 ASSIGNMENT 01 2023
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Name:Student number:
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Date:
Assignment 01
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard and confirm that I have read and adhered to (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are
both available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating
to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules .
I also understand the implications of not adhering to the abovementioned policies.
2. I declare that these assignment answers are my own, original work.
3. I have not allowed, and will not allow anyone to copy my work with the intention of
passing it off as his or her own.
4. I did not make use of another student’s work and submitted it as my own.
NAME:
SIGNATURE:
STUDENT NUMBER:
MODULE CODE:
DATE:
, Question 1
In Ex parte Oxford, the court laid some guide-lines for a court application to notarially
execute and register a postnuptial contract. To wit:
a) There must be an affidavit signed by both parties;
b) Before the solemnization of the marriage, both parties must have made a binding
agreement, either express or tacit, to marry out of community of property;
c) There must be a good reason why the parties did not have the agreement executed
by a notary and registered in the deeds registry;
d) The parties must have made the application as soon as possible after realising that
they had been married in community of property;
e) The application must be accompanied by a copy of the contract;
f) And the right of creditors have to be protected when the order is made. 1
The court will thus, issue an order for the postnuptial execution of the contract before a
notary and its registration in the deeds registry if the afore mentioned requirements
have been satisfied and duly complied with.2
Question 2
Jill must know that the applicable law here is the subdivision of Agricultural Land Act 70
of 1970.
1
PD Brink, Notarial Practice, Only study guide for LPL4805(UNISA, Pretoria 2019) 41.
2
Ibid.
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