Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 10 of 10 for “"living customary law"”.
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Judicial recognition of living customary law in the context of women's matrimonial property rights in South-East Nigeria
The interaction of customary law with state law raises challenges for policy-makers in postcolonial societies. This study contends that these challenges are primarily caused by state recognition of customary law without proper attention to how people adapt it to modern conditions vastly different …
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The distortion of the meaning of bride wealth: significance for the evolution of living customary law in southern Nigeria
… for the interaction of the received English law, statutory law, and customary law. Bride wealth, an important aspect of customary law in southeast Nigeria, symbolises the bride’s worth to her family, as well as a bond between the bride and groom’s families. The changes introduced by colonial …
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Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa
Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the …
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An analysis of the process of ascertainment and application of customary law in the formal institutions of adjudication: Nigeria and South Africa
… do not easily have access to the contents of customary law they are required to apply in the course of adjudication and this has been a major challenge. This thesis examines the processes that courts adopt in the ascertainment and application of living customary law in Nigeria and South Africa …
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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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uBuntu and certainty in commercial contracting: A study of burial societies in Cape Town
… contracting practices of burial societies. The law perceives the underlying agreements of burial societies as funeral insurance contracts. This categorisation considers burial societies as juristic persons who operate for profit and who offer public funeral insurance products. However, the …
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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
… 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 according to customary law and die intestate. The notorious customary law principle …
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Post-Apartheid Legislative Recognition of Traditional Leaders in South Africa: Weak Legal Pluralism in the Guise of Deep Legal Pluralism An analysis and critique of the legislative framework for the recognition of traditional leadership in South Africa under the 1996 Constitution
… implications for the processes of change within customary law from 'official' customary law to 'living' customary law. The advent of the 1996 Constitution and its emphasis on freedom, dignity, equality and accountability has opened up avenues for democratic political participation, which is …
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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 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, and Indian populations were denied these rights which …
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African customary law and its Impact on the rights of women : A study of South Africa and Lesotho
… were alien forces that changed the trajectory of customary law in the legal systems of South Africa and Lesotho. The effect of this interruption positioned customary law as a secondary legal system, compared to Roman-Dutch Law and English common law, which both form South African and Lesotho …