Marital Power
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Marital Power
In civil law jurisdictions, marital power ( la, potestas maritalis, nl, maritale macht, af, maritale mag) was a doctrine in terms of which a wife was legally an '' incapax'' under the usufructory tutorship (''tutela usufructuaria'') of her husband. The marital power included the power of the husband to administer both his wife's separate property and their community property. A wife was not able to leave a will, enter into a contract, or sue or be sued, in her own name or without the permission of her husband. It is very similar to the doctrine of coverture in the English common law, as well as to the Head and Master law property laws. Historical origins The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the ''manus'' (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Botswana
Botswana (, ), officially the Republic of Botswana ( tn, Lefatshe la Botswana, label=Setswana, ), is a landlocked country in Southern Africa. Botswana is topographically flat, with approximately 70 percent of its territory being the Kalahari Desert. It is bordered by South Africa to the south and southeast, Namibia to the west and north, and Zimbabwe to the northeast. It is connected to Zambia across the short Zambezi River border by the Kazungula Bridge. A country of slightly over 2.3 million people, Botswana is one of the most sparsely populated countries in the world. About 11.6 percent of the population lives in the capital and largest city, Gaborone. Formerly one of the world's poorest countries—with a GDP per capita of about US$70 per year in the late 1960s—it has since transformed itself into an upper-middle-income country, with one of the world's fastest-growing economies. Modern-day humans first inhabited the country over 200,000 years ago. The Tswana ethnic ...
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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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Marriage Bar
A marriage bar is the practice of restricting the employment of married women. Common in Western countries from the late 19th century to the 1970s, the practice often called for the termination of the employment of a woman on her marriage, especially in teaching and clerical occupations. Further, widowed women with children were still considered to be married at times, preventing them from being hired, as well. The practice lacked an economic justification, and its rigid application was often disruptive to workplaces. However, marriage bars were widely relaxed in wartime due to an increase in the demand for labor. Research carried out by Claudia Goldin to explore their determinants using firm-level data from 1931 and 1940, find out that they are associated with promotion from within, tenure-based salaries, and other modern personnel practices. Since the 1960s, the practice has widely been regarded as employment inequality and sexual discrimination, and has been either discontinu ...
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Baron And Feme
In English law, baron and feme is a phrase used for :husband and :wife, in relation to each other, who were accounted as one person by coverture. Hence, by the old law of evidence, the one party was excluded from giving evidence for or against the other in civil questions, and a relic of this is still preserved in criminal law. Heraldry In heraldry, baron and femme are terms denoting the two-halves of an heraldic escutcheon used when the coat of arms of a man and the paternal arms of his wife are impaled (or anciently dimidiated), that is borne ''per pale'' within the same escutcheon. The position of the husband's arms, on the dexter side (to viewer's ''left''), the position of honour, is referred to as baron whilst the paternal arms of the wife are shown in sinister, referred to as femme. The resultant shield is used by the husband, as in general females are not entitled to display heraldry, unless ''suo jure'' peeresses. This is the normal way of displaying the arms of ...
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Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ...
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Transkei High Court
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha. the Judge President of the division is Selby Mbenenge. History A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the Supreme Court of South Africa. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape Town and rename ...
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Transkei
Transkei (, meaning ''the area beyond he riverKei''), officially the Republic of Transkei ( xh, iRiphabliki yeTranskei), was an unrecognised state in the southeastern region of South Africa from 1976 to 1994. It was, along with Ciskei, a Bantustan for the Xhosa people—and operated as a nominally independent parliamentary democracy. Its capital was Umtata (renamed Mthatha in 2004). Transkei represented a significant precedent and historic turning point in South Africa's policy of apartheid and "separate development"; it was the first of four territories to be declared independent of South Africa. Throughout its existence, it remained an internationally unrecognised, diplomatically isolated, politically unstable ''de facto'' one-party state, which at one point broke relations with South Africa, the only country that acknowledged it as a legal entity. In 1994, it was reintegrated into its larger neighbour and became part of the Eastern Cape province. History Establishment T ...
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Customary Law In South Africa
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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Bantu Peoples In South Africa
South African Bantu-speaking peoples are the majority of black South Africans. Occasionally grouped as Bantu, the term itself is derived from the word for "people" common to many of the Bantu languages. The Oxford Dictionary of South African English describes its contemporary usage in a racial context as "obsolescent and offensive" because of its strong association with white minority rule with their apartheid system. However, Bantu is used without pejorative connotations in other parts of Africa and is still used in South Africa as the group term for the language family. History The history of the Bantu-speaking peoples from South Africa has in the past been misunderstood due to the deliberate spreading of false narratives such as ''The Empty Land Myth''. First published by W.A. Holden in the 1860s, this doctrine claims that South Africa had mostly been an unsettled region and that Bantu-speaking peoples had begun to migrate southwards from present day Zimbabwe at the same t ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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