South African Family Law
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South African Family Law
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity." Subdivisions There are various branches of family law, among them * the law of engagement; * matrimonial law and the law of civil unions; * matrimonial property law; * the law of divorce; and * the law of parenting. Marriage Marriage is the act by which a marriage relationship is formed, and which defines the relationship created by that act. The act and the relationship are interrelated: The former requires an intention to create the latter, and the consequences o ...
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Law Of South Africa
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 ...
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Marriage Law
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act. Summary table Rights and obligations A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). Over 2.3 million weddings take place in the U.S each year. Historically, many societies have given sets of rights and obligations to husbands that have been very different from the sets of rights and obligations given to wives. In particular, the control of marital property, inheritance rights, and the right to dictate the activities of children of the marriage have typically been given to male marital partners (for more details see coverture and marital power). However, these practices were curtailed to a great deal in many countries, especially Western countries, in the twentieth century ...
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Late Middle Ages
The Late Middle Ages or Late Medieval Period was the Periodization, period of European history lasting from AD 1300 to 1500. The Late Middle Ages followed the High Middle Ages and preceded the onset of the early modern period (and in much of Europe, the Renaissance). Around 1300, centuries of prosperity and growth in Europe came to a halt. A series of famines and Plague (disease), plagues, including the Great Famine of 1315–1317 and the Black Death, reduced the population to around half of what it had been before the calamities. Along with depopulation came social unrest and endemic warfare. France and England experienced serious peasant uprisings, such as the Jacquerie and the Peasants' Revolt, as well as over a century of intermittent conflict, the Hundred Years' War. To add to the many problems of the period, the unity of the Catholic Church was temporarily shattered by the Western Schism. Collectively, those events are sometimes called the Crisis of the Late Middle Ages. D ...
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Indigenous People
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original peoples. The term ''Indigenous'' was first, in its modern context, used by Europeans, who used it to differentiate the Indigenous peoples of the Americas from the Europeans, European settlers of the Americas and from the African diaspora, Sub-Saharan Africans who were brought to the Americas as Slavery, enslaved people. The term may have first been used in this context by Thomas Browne, Sir Thomas Browne in 1646, who stated "and although in many parts thereof there be at present swarms of ''Negroes'' serving under the ''Spaniard'', yet were they all transported from ''Africa'', since the discovery of ''Columbus''; and are not indigenous or proper natives of ''America''." Peoples are usually described as "Indigenous" when they maintain traditions ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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South African Customary Law
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own right." Customary la ...
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Lobolo
Lobolo or lobola in Zulu, Swazi, Xhosa, Silozi, Shona and northern and southern Ndebele (''mahadi'' in Sesotho, ''magadi'' in Setswana, ''lovola'' in Xitsonga), and ''mamalo'' in Tshivenda language, sometimes referred to as " bride wealth" or "bride price" is property in livestock or kind, which a prospective husband, or head of his family, undertakes to give to the head of a prospective wife's family in gratitude of letting the husband marry their daughter. Lobolo and the Law In South Africa, where the custom of lobolo is widely practiced, the union was previously concluded in terms of customary law, but is now governed under the Recognition of Customary Marriages, 1998 (Act 120 of 1998) (RCMA) and has the following prerequisites in order for a marriage to qualify under customary law: * Consensus – Historically, consensus was sought between the families of the prospective bride and groom. Since 2008, the RCMA states that consensus is required only between the individuals, ...
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Early Germanic Law
Germanic law is a scholarly term used to described a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Julius Caesar, Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the ''Leges'' in particular derive from a Germanic culture. While the ''Leges Barbarorum'' were written in Latin and not in any Germanic languages, Germanic vernacular, codes of Anglo-Saxon law were produced in Old English ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Matrimonium Non-iustum
''Matrimonium'' is a 2005 comedy film directed by Michael Akers, his second feature film after the successful '' Gone, But Not Forgotten''. Co-written and co-produced by him and Sandon Berg, the latter appears in a lead role in the film as Spencer who is having a sham same-sex marriage with the straight character Rick Federman in the role of Malcolm to enable the latter to win the 1-million dollar prize on the nationally broadcast reality television show ''Matrimonium''. The film was featured in ''Blood Moon's Guide to Gay & Lesbian Film'', by Darwin Porter and Danforth Prince and published by Blood Moon Productions in 2006. In that book, ''Matrimonium'' is called a "hilarious spoof on reality television." Synopsis Malcolm Caufield (Rick Federman), a straight guy decides to go on a reality show called "Matrimonium" for a chance to win a million dollars. The sum comes handy after his allowance was cut off by his family. The reality show however has put a twist. Malcolm has to put a ...
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Ancient Rome
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC), Roman Republic (509–27 BC) and Roman Empire (27 BC–476 AD) until the fall of the western empire. Ancient Rome began as an Italic settlement, traditionally dated to 753 BC, beside the River Tiber in the Italian Peninsula. The settlement grew into the city and polity of Rome, and came to control its neighbours through a combination of treaties and military strength. It eventually dominated the Italian Peninsula, assimilated the Greek culture of southern Italy ( Magna Grecia) and the Etruscan culture and acquired an Empire that took in much of Europe and the lands and peoples surrounding the Mediterranean Sea. It was among the largest empires in the ancient world, with an estimated 50 to 90 million inhabitants, roughly 20% of t ...
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