100 THE LAW OF PERSONS existing antecedently ^ to the marriage ; (4) in case of ante-nuptial stuprum followed by pregnancy of the wife, unknown to the husband and not condoned by cohabita- tion with knowledge of the facts ; ^ (5) in case of insanity.^ Miscel- laneous matters relating to mar- riage : A. Dona- tions be- tween spouses. B. Boedel houder- schap. Section 6. Miscellaneoits Mattees relating to Marriage In this section we shall deal with various matters relating to marriage, but not specially connected with one another. These are : (A) Donations between the spouses ; (B) Boedelhouderschap, and continuation of community after the death of one spouse ; (0) Second marriages. (A) Donations between the spouses. In the Civil Law such gifts were prohibited by custom,* and were regulated by a Senatus Consultum passed on the proposition of Antoninus (CaracaUa) in the year 206 A. d. ® The rule passed into the Roman-Dutch Law.® It follows that a spouse donee has no dominium and cannot give a valid title to third parties. But such gifts, if validly executed, are confirmed by the death of the donor.' Once a donation is confirmed, the donee acquires the right to keep the gift, if it has been transferred, or to demand it, if it has not. The gift may be revoked, and is ipso jure void, if the donee predeceases the donor. (B) Boedelhouderschap. In certain cases the community which exists between the spouses (or would have existed if the common law had not been excluded) is continued ^ Van Leeuwen, 1. 15. 5 ; Voet, 24. 2. 16. See Jones & Ingram, Leading Cases in South African Law (pt. 1, Persons), p. 64. ^ Voet, 24. 2. 15 ; Nel v. Nel (1841) 1 Menz. 274 ; Horak v. Horak (1860) 3 Searle 389. ' Prinsloo's Curators bonis v. Crafford and Prinsloo [1905] T. S. 669. ^ Dig. 24. 1. 1. ^ Dig. 24. 1. 32. pr. As to the effect of this S. C. see Roby, Roman Private Law, vol. i, pp. 159 ff., and Girard, p. 945. « Gr. 3. 2. 9 ; Van Leeuwen, 4. 24. 14 ; Voet, 24. 1. 17 ; V. d. K. Th. 486 ; Van der Byl's Assignees v. Van der Byl (1886) 5 S. G. at p. 176. ' Dig. 24. 1. 32. 2 ; Cod. 5. 16. 1 ; Voet, 24. 1. 4 ; provided that the estate of the donor is not then insolvent. Voet, 24. 1. 6. For excep- tions to the rule prohibiting donations between spouses see 1 Maasdorp,
pp. 32-3.