Browsing by Subject "Living customary law"
Now showing items 1-3 of 3
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Case Law as an authoritative source of customary law: piecemeal recording of (living) customary law?
(PER/PELJ, 2019)This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court ... -
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 ... -
Integration of the Bride and the Courts : Is Integration as a Living Customary Law Requirement Still Required?
(PER/PELJ, 2022)After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ...