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THE EFFECT OF YOUR MARITAL REGIME ON TRANSACTIONS WITH THIRD PARTIES

Court cases discussed in this article: -        Broodie N.O. v Maposa and Others 2018 (3) SA 129 (WCC) [The court of first instance] & -        Marais N.O. and Another v Maposa and Others (642/2018) [2020] zasca 23 (25 March 2020)   [The court of Appeal] When entering into any form of a financial transaction with someone who is married in community of property, that person’s spouse’s consent may also be required for the business contract to be valid, binding and enforceable.  But what does this mean and is there a legal duty to investigate as to what the marital status of the other person is?    These questions were asked and answered in the above-mentioned two court cases. In this article I will explain what the respective Judges decided on these issues. Broodie N.O. v Maposa and Others The facts: Mrs Broodie married Mr Broodie in 1967 in community of property.  The marriage was a civil one in terms of the then Black Administration Act, 38 of 192