The Law of Divorce and Dissolution of Life Partnerships in South Africa PDF Download

Author: Jacqueline Heaton
Publisher:
ISBN: 9781485107347
Category : Conflict of laws
Languages : en
Pages : 777

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Book Description

Author: Jacqueline Heaton
Publisher: Kluwer Law International B.V.
ISBN: 9403513187
Category : Law
Languages : en
Pages : 375

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Author: A. H. Barnard
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 450

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Book Description

Author: Barbara Stark
Publisher: Routledge
ISBN: 1317043111
Category : Law
Languages : en
Pages : 422

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Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

Author: Nadjma Yassari
Publisher: Springer Nature
ISBN: 303083106X
Category : Law
Languages : en
Pages : 375

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Book Description
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Author: Shazia Choudhry
Publisher: Cambridge University Press
ISBN: 1316733378
Category : Law
Languages : en
Pages : 303

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Book Description
Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.

Author: Nadjma Yassari
Publisher: Springer
ISBN: 9462651744
Category : Law
Languages : en
Pages : 366

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Book Description
This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.

Author: Jonathan Herring
Publisher: Oxford University Press
ISBN: 0199668523
Category : Law
Languages : en
Pages : 137

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Book Description
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.

Author: Michaela Kreyenfeld
Publisher: Springer Nature
ISBN: 3030445755
Category : Social Science
Languages : en
Pages : 307

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Book Description
This open access book assembles landmark studies on divorce and separation in European countries, and how this affects the life of parents and children. It focuses on four major areas of post-separation lives, namely (1) economic conditions, (2) parent-child relationships, (3) parent and child well-being, and (4) health. Through studies from several European countries, the book showcases how legal regulations and social policies influence parental and child well-being after divorce and separation. It also illustrates how social policies are interwoven with the normative fabric of a country. For example, it is shown that father-child contact after separation is more intense in those countries which have adopted policies that encourage shared parenting. Correspondingly, countries that have adopted these regulations are at the forefront of more egalitarian gender role attitudes. Apart from a strong emphasis on the legal and social policy context, the studies in this volume adopt a longitudinal perspective and situate post-separation behaviour and well-being in the life course. The longitudinal perspective opens up new avenues for research to understand how behaviour and conditions prior or at divorce and separation affect later behaviour and well-being. As such this book is of special appeal to scholars of family research as well as to anyone interested in the role of divorce and separation in Europe in the 21st century.

Author: Belinda Van Heerden
Publisher: Juta and Company Ltd
ISBN: 9780702151163
Category : Law
Languages : en
Pages : 1082

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Book Description
This edition aims to satisfy the different demands of students and practitioners by situating itself on two levels, that is, a summary of relevant principles in the text with legal authorities and policy issues in the footnotes.