Browsing PER: Potchefstroom Electronic Law Journal by Subject "Marriage"
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The consequences of the statutory regulation of customary law: an examination of the South African customary law of succession and marriage
(PER/PELJ, 2019)In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory ... -
An embarrassment of riches or a profusion of confusion? An evaluation of the continued existence of the Civil Union Act 17 of 2006 in the light of prospective domestic partnerships legislation in South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while samesex couples have no choice but to formalise their ... -
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought ... -
Property rights of Nigerian women at divorce : a case for a redistribution order
(PER/PELJ, 2020)In Nigeria, marriage is hardly conceived as a partnership of equals in relation to the property rights of spouses during marriage and at divorce. This is because the Nigerian courts do not redistribute property at divorce. ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ...