D&J are excited to commence business; however, they need start-up capital. David is insolvent, and John is married in Community of property. John is concerned about his wife withholding permission to sell their family home and use the proceeds as capital for the new venture. David is insolvent and is unclear on his eligibility to acquire a loan or start a business, all he knows is that it is a good plan. John, discouraged, decides to clear his head at the local pub. A few pints later, John enters a philosophical discussion with Bertus and Ou Poppie. John offers to sell his family home to Bertus and Ou Poppie who grinningly agree. John, Bertus and Ou Poppie shake hands and shake hands again and again. John passes out and has no recollection of the transaction. However, bartender Japie, sober as a vicar, has witnessed the transaction. Next morning Bertus and Ou Poppie call David regarding the sale of his home. Ou Poppie is tired of being homeless and is adamant to move into her new home.

A. Advise John on the contractual capacity of spouses married in community of property in South Africa

B. Provide detailed advice on the validity of the sale of John's home. Consider the many layers your advice needs to provide.

Answer rating: 100% (QA)

A Contractual Capacity of Spouses Married in Community of Property in South Africa In South Africa spouses married in community of property share equal ownership of all assets and liabilities acquired ... View the full answer