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Govender V Ragavayah
In ''Govender v Ragavayah'',Govender v Ragavayah NO and Others (6715/08) 008ZAKZHC 86; 2009 (3) SA 178 (D); 0091 All SA 371 (D) (6 November 2008www.saflii.org/ref> an important case in the South African law of succession, the applicant was a woman married in terms of Hindu rites, whose husband had died intestate. Accordingly, the parents of her husband stood to inherit his estate. The court noted that Hindu marriages were not recognised in South African law, which violated section 9 of the Constitution. Accordingly, the court ordered that the definition of “spouse” in section 1 of the Intestate Succession Act include the surviving spouse of a monogamous Hindu marriage. It is important to note that the ambit of this judgment was restricted to ''de facto'' monogamous Hindu marriages. See also * South African law of succession The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Of Succession
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons (for example, beneficiaries and creditors) may have in a deceased's estate. It forms part of private law. The manner in which assets are distributed depends on whether the deceased has left a valid will or other valid document containing testamentary provisions, such as an antenuptial contract. If the deceased has not left a valid will or valid document containing testamentary provisions, the deceased dies intestate; similarly, if the deceased leaves a valid will which does not dispose of all property, there is an intestacy as to the portion not disposed of. In the event of intestacy, the assets are distributed in a definite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Rites
Samskara (IAST: , sometimes spelled ''samskara'') are sacraments in Hinduism and other Indian religions, described in ancient Sanskrit texts, as well as a concept in the karma theory of Indian philosophies. The word literally means "putting together, making perfect, getting ready, to prepare", or "a sacred or sanctifying ceremony" in ancient Sanskrit and Pali texts of India. In the context of karma theory, samskaras are dispositions, character or behavioural traits, that exist as default from birth or prepared and perfected by a person over one's lifetime, that exist as imprints on the subconscious according to various schools of Hindu philosophy such as the Yoga school. These perfected or default imprints of karma within a person, influences that person's nature, response and states of mind.Stephen H. Phillips (2009), Yoga, Karma, and Rebirth: A Brief History and Philosophy, Columbia University Press, , Chapter 3 In another context, Samskara refers to the diverse sacraments ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu
Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for people living in the Indian subcontinent. The term ''"Hindu"'' traces back to Old Persian which derived these names from the Sanskrit name ''Sindhu'' (सिन्धु ), referring to the river Indus. The Greek cognates of the same terms are "''Indus''" (for the river) and "''India''" (for the land of the river). The term "''Hindu''" also implied a geographic, ethnic or cultural identifier for people living in the Indian subcontinent around or beyond the Sindhu (Indus) River. By the 16th century CE, the term began to refer to residents of the subcontinent who were not Turkic or Muslims. Hindoo is an archaic spelling variant, whose use today is considered derogatory. The historical development of Hindu self-identity within the local In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spouse
A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social role similar to that of a spouse, but do not have rights and duties reserved by law to a spouse. Married The legal status of a spouse, and the specific rights and obligations associated with that status, vary significantly among the jurisdictions of the world. These regulations are usually described in family law statutes. However, in many parts of the world, where civil marriage is not that prevalent, there is instead customary marriage, which is usually regulated informally by the community. In many parts of the world, spousal rights and obligations are related to the payment of bride price, dowry or dower. Historically, many societies have given sets of rights and obligations to male marital partners that have been very different fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Marriage
The Hindu marriage () is the most important of all the samskaras, the rites of passage described in the Dharmashastra texts. Variously defined, it is generally described to be a social institution for the establishment and regulation of a proper relationship between the sexes, as stated by Manu. Marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practise dharma together, as ordained by the Vedas. The Brahmanas state that man is only said to be "complete" after marrying a woman, and acquiring progeny. Aspects Conception The ideal conception of marriage that was laid down by the ancient Indians is one in which it is a ceremonial gift of a bride (Vadhū) by her father, or another appropriate family member, to a bride-groom (Vara), so that they may fulfil the purposes of human existence together. In such a conception, ''vivaha'', which originally meant the wedding cere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monogamous
Monogamy ( ) is a form of Dyad (sociology), dyadic Intimate relationship, relationship in which an individual has only one Significant other, partner during their lifetime. Alternately, only one partner at any one time (Monogamy#Serial monogamy, serial monogamy) — as compared to the various forms of non-monogamy (e.g., polygamy or polyamory). The term is also applied to the social behavior of some Animal, animals, referring to the state of having only one Mating, mate at any one time. A monogamous relationship can be sexual or Emotion, emotional, but it's usually both. Many modern relationships are monogamous. Terminology The word ''monogamy'' derives from the Ancient Greek, Greek μονός, ''monos'' ("alone"), and γάμος, ''gamos'' ("marriage").Cf. "Monogamy" in ''Britannica World Language Dictionary'', R.C. Preble (ed.), Oxford-London 1962, p. 1275:''1. The practice or principle of marrying only once. opp. to digamy now ''rare'' 2. The condition, rule or custom of bei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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