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Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution

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dc.contributor.author Robinson, J A
dc.date.accessioned 2009-03-20T06:10:35Z
dc.date.available 2009-03-20T06:10:35Z
dc.date.issued 2007
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/1761
dc.description.abstract Section 18(b) of the Matrimonial Property Act 88 of 1984 allows for non-patrimonial damages to be claimed by a spouse married in community of property against his/her spouse. In Van der Merwe v Road Accident Fund 2006 4 SA 230 (CC) the court extended this exception to the notional purity of community of property to include patrimonial damages on the basis that section 18(b) discriminated unfairly against spouses married in community of property vis-à-vis spouses married out of community. The implications of this decision on commercial intercourse are discussed in this contribution against the background of prior decisions relating to the insolvency of spouses married in community of property. en
dc.title Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution en
dc.type Article en


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