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Showing 1 to 12 of 12 for “"Law of Succession"”.
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The intersection between the Islamic law of inheritance and the South African law of succession
While Muslims constitute 2% of South Africa's population, they formed an integral part of the South Africa's socio-political and historical landscape for over 350 years. Despite their historical marginalisation, in post-apartheid South Africa there are still no legislative provisions recognising …
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Inheritance and redistribution: exploring the constitutional commitment towards redistribution in the private law of succession
The inevitability of the death of all property owners means that the redistribution of property at death is a basic function of the law of succession. In the systems that recognise testamentary freedom (including South Africa), the right to distribute property after death is considered as a natural …
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The relevance of the doctrine of collation in the modern-day South African law of succession
The practice of transferring inter vivos gifts and advances from parents to their children is deeply embedded in societal behaviour. This practice plays a significant role in modern family dynamics, often reinforcing the bond and commitment between parents and their children. Parents frequently …
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When parents die: locating children's right to economic security in South Africa's law of succession and guardianship
… democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) demonstrated the Republic's …
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The administration of customary law estates post the enactment of the reform of customary law of succession act: a case study from rural Eastern Cape, South Africa
After years of deliberation and judicial activism, the South African legislature in September 2010 brought into force the Reform of Customary law of Succession and Regulation of Related Matters Act 11 of 2009 (the Reform Act). The Act regulates the devolution of property of individuals who live …
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The distribution of retirement fund death benefits: an analysis of the equitability and constitutionality of Section 37C of the Pension Funds Act 24 of 1956
… Funds Act. The amendment was the insertion of s37C into the Act. Section 37C effected a fundamental change to the law of succession and the principle of freedom of testation. It did so by removing what, for many, is their most valuable property, from the reach of the law of succession or any …
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Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom
This study looks into the ways in which official customary law addresses succession complexities and legitimacy in woman-to-woman marriages. The social, political, cultural and legal background against which these marriages are concluded show the history of succession in woman-to-woman marriages …
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A study of wills and will-making in the period 1500-1533 with special reference to the copy wills in the probate registers of the Archdeacon of Bedford 1489-1533
… derived from sources the nature and function of which they do not fully understand. Wills and testaments from the medieval and early modem periods provide a notable example of this practice; they have been used by historians for the information which they provide on a variety of subjects but …
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Proving the existence of unregistered customary marriages in deceased estates: challenges of the MBU 16 form
… South Africa has seen the recognition of polygamous and monogamous customary marriages through the enactment of theReform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009. However, proving the existence of an unregistered customary marriage is a challenge, …
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Ruolo e limiti del contratto negli assetti familiari in funzione successoria
… expressly excludes the contract by the sources of the succession. Moreover, the article 458 c.c., apart from the initial brief aside dedicated to the institute of the family pact, agrees nullity of the agreements with whom someone decides its own succession as well as those with which the future …
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Examining the role of the legislature and judiciary in the context of Traditional and Religious Personal and Family Systems in South Africa
… in protecting the rights to culture and freedom of religion in the context of traditional and personal law systems. The argument is that they have not. The paper first focuses on the historical context in which the right to culture and freedom of religion arose. The majority African, coloured, …
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Gender dynamics in home ownership in Kampala, Uganda
… exists and persists in Uganda in spite of urbanization, increase in information flow, education and income of women. Although married women live in a home with their husband, they do not actually own the home. As a result, women tend to be users rather than owners. Although one would …