Page:Matrimonial Property Act 1984.djvu/5

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Effect of abolition of marital power.

12. Subject to the provisions of this Act, the effect of the abolition of the marital power is to do away with the restrictions which the marital power places on the capacity of a wife to contract and to litigate.

Savings.

13. The provisions of this Chapter do not affect the law relating to the position of the husband as head of the family or the law relating to domicile and guardianship.

Chapter III

Marriages in Community of Property

Equal powers of spouses married in community.

14. Subject to the provisions of this Chapter, a wife in a marriage in community of property has the same powers with regard to the disposal of the assets of the joint estate, the contracting of debts which lie against the joint estate, and the management of the joint estate as those which a husband in such a marriage had immediately before the commencement of this Act.

Powers of spouses.

15. (1) Subject to the provisions of subsections (2), (3) and (7), a spouse in a marriage in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse.

(2) Such a spouse shall not without the written consent of the other spouse—

(a)

alienate, mortgage, burden with a servitude or confer any other real right in any immovable property forming part of the joint estate;

(b)

enter into any contract for the alienation, mortgaging, burdening with a servitude or conferring of any other real right in immovable property forming part of the joint estate;

(c)

alienate, cede or pledge any shares, stock, debentures, debenture bonds, insurance policies, mortgage bonds, fixed deposits or any similar assets, or any investment by or on behalf of the other spouse in a financial institution, forming part of the joint estate;

(d)

alienate or pledge any jewellery, coins, stamps, paintings or any other assets forming part of the joint estate and held mainly as investments;

(e)

withdraw money held in the name of the other spouse in any account in a banking institution, a building society or the Post Office Savings Bank of the Republic of South Africa;

(f)

as a credit receiver enter into a credit agreement as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980), and to which the provisions of that Act apply in terms of section 2 thereof;

(g)

as a purchaser enter into a contract as defined in the Alienation of Land Act, 1981 (Act No. 68 of 1981), and to which the provisions of that Act apply;

(h)

bind himself as surety.

(3) A spouse shall not without the consent of the other spouse—

(a)

alienate, pledge or otherwise burden any furniture or other effects of the common household forming part of the joint estate;

(b)

receive any money due or accruing to that other spouse or the joint estate by way of—

(i)

remuneration, earnings, bonus, allowance, royalty, pension or gratuity, by virtue of his profession, trade, business, or services rendered by him;