Download or read book Mixing South African Common Law and Customary Law of Intestate Succession written by Christa Rautenbach and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contribution deals with the influence of (or interference by) the common and constitutional law on the customary law of succession (in its current form) in a mixed legal system such as that of South Africa.
Download or read book The Harmonisation of the Common Law and the Indigenous Law written by South African Law Commission and published by . This book was released on 1998 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Customary Law written by South African Law Commission and published by . This book was released on 2000 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book South African Law of Succession and Trusts written by Marius Johannes De Waal and published by Juta and Company Ltd. This book was released on 2014 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Application of Customary Law in Southern Africa written by T. W. Bennett and published by . This book was released on 1985 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Male Primogeniture and the Role of Women to Inherit Under Customary Law of Succession written by Refiloe Kgopotso Maunatlala and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: South African customary law has a significant impact on the personal lives of the majority of African people. It has over the years, gained a repute of discriminating against women, treating them as second-class citizens.1 Central to customary lawaÌ22́Ơ4́Øs application was the rule of male primogeniture. A rule that is at the heart of this research and is identified by its tendency to discriminate against women in areas such as guardianship, inheritance, appointment to traditional offices, exercise of traditional authority and the age of majority.2 The legal system of South Africa is pluralistic in nature.3 Hence, the South African law of succession consisted of the common law of succession as well as the customary law of succession.4 The Intestate Succession Act,5 and the Wills Act,6 regulated common law of succession, whilst customary law of succession was characterised by the application of the rule of male primogeniture, a rule that is central to this research.7 Some people argued that extending the Intestate Succession Act, as held in the Bhe v Magistrate, khayelitsha 2004 (2) SA 544 (C) case, to apply to indigenous persons had the effect of abandoning the customary system of succession in favour of common law.8 This method of reform was considered inappropriate because rather than merely imposing common law of succession on people who are subject to customary law, Nhlapo and Himonga argue that it is first vital to investigate the possibility of incorporating those aspects of customary law, and values that are consistent with the Constitution in the reform of the law of succession. This research will look at some of the problems presented by the abolition of the rule of male primogeniture and the extension of the Intestate Succession Act to customary law of succession. It will also look at the possibility of harmonising common law with customary law without imposing one system of law on the other. The researcher makes remarks and recommendation on how best to reconcile customary law with the Constitution without imposing western law on customary law.
Download or read book The Harmonisation of the Common Law and the Indigenous Law written by South African Law Commission and published by Commission. This book was released on 1999 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (p. xii-xv).
Download or read book Exploring the Law of Succession written by Reid and published by . This book was released on with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores key issues in the law of succession from a variety of perspectives: national, historical and comparative.
Download or read book Reimagining Legal Pluralism in Africa written by and published by BRILL. This book was released on 2024-06-06 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Download or read book Constitutional Adjudication in Africa written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.
Download or read book Mixed Legal Systems East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Download or read book Mixed Legal Systems at New Frontiers written by E. Örücü and published by . This book was released on 2010 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for all who have a general interest in comparative law and a special interest in mixed legal systems.
Download or read book Family and Succession Law in South Africa written by Jacqueline Heaton and published by Kluwer Law International B.V.. This book was released on 2022-11-20 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civil status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of private law in an international or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academics and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law
Download or read book Non State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by Springer Nature. This book was released on 2021-11-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
