96 THE LAW OF PERSONS date of registration, if sequestration takes place within two years of the execution of the settlement (s. 3) ; (3) that where there is a covenant or agreement for a settlement any act done in pursuance thereof is, in like circumstances, invalid against creditors whose claim existed at the date of such act, for five years from the making thereof (s. 4) ; (4) that nothing in the Act contained shall protect any ante-nuptial contract or any provision in an ante-nuptial contract which apart from the act is void or voidable by reason of fraud (s. 11). The statute further enacts that if a life policy has been executed or ceded in pursuance of an antenuptial contract by one spouse in favour of the other, premiums paid by the settling spouse are not to be adversely affected by such spouse's insolvency (s. 6). Provisions similar to the above have been enacted also in the Transvaal ^ and in the Orange Free State. ^ Stipuia- Closely akin with, and sometimes indistinguishable regard^to from, the Settlements described in the preceding para- rights of graphs are pacts relating to future succession.^ These, SU.CC6SS10T1 upon as pointed out by Voet, may relate either : (1) to the death. succession of the spouses to each other ; * or (2) to the succession of a third party to the spouses ; ^ or (3) to the succession to the children of the marriage, parti- cularly in the event of their dying under age and there- fore intestate ; * or (4) to the succession to a third person who has become a party to the ante-nuptial contract.' Such agreements, though condemned by the pohcy of the Civil Law, were permitted by the law of Holland, if they formed part of an ante-nuptial settlement,* but not of any other act inter vivos.^ Can ante- This brings us to another topic. How far, if at all, contracts Can ante-nuptial contracts be revoked or modified by the be re- subsequent act of one or more of the parties ? By act voked or -^ i. "
Insolvency Law, No. 13 of 1895, sec. 39. ^ j^^^ j^g, 23, 1899.
^ Voet, 23. 4. 57 (sec. 58 in the Paris ed. In the folio ed. sec. 57 is duplicated). « V. d. K. Th. 235-8. ^ V, d. K. Th. 239-40. « V. d. K. Th. 241-3. ' V. d. K. Th. 244-6.
Voet, 2. 14. 16. 9 Voet, 23. 4. 59 (60).