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Law of Persons and the Family second edition is an exciting, practical, hands-on law publication that offers its readers a comprehensive introduction to the South African Law of Persons and to South African Family Law. The second edition features updates to legislation and recent case law and additional digital assets that enhance the learning experience of students and increase the educational value of the course. Introductory case studies can now also be viewed and listened to, which provides a real-life visual and auditory experience. Every chapter also includes PowerPoint slides with summaries, explanations and examples that are accompanied by voice recordings. Law of Persons and the Family second edition functions as a practical introduction to law in which students begin to engage with the law and apply the rules and principles they learn.
The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication. This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 `new' authors - experts who did not contribute to the previous edition. Even the `revised' chapters add value as they systematically and critically deal with new knowledge and enhance research. Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.
From the BESTSELLING Law Express revision series. Law Express Question and Answer: Family Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.
Reform of customary marriage, divorce and succession in South Africa: Living customary law and social realities examines the operation of the Recognition of customary marriages act and the rules of succession formulated in Bhe v Magistrate, Khayelitsha. The book is the outcome of an interdisciplinary research project conducted by the NRF chair in customary law, indigenous values and human rights, the department of sociology at the University of Cape Town, and the National movement of rural women. More than a decade after the enactment of the act and the formulation of the Bhe rules, the research project sought to explore how these laws were being implemented in practice, through the eyes of the individuals living according to customary law, a range of state institutions, including the courts and the Department of home affairs, and traditional leaders. The fieldwork was conducted across six provinces, over a period of 20 months. The findings presented in Reform of customary marriage, divorce and succession in South Africa about the implementation of the act and the Bhe rules will be of interest to a wide range of individuals, court and state officials, and scholars. The authors provide evidence-based research on the implementation of the laws and they outline what remains to be done to improve the implementation of these laws.
Written specifically for first-year law students, the authors of this family law textbook have taken care to restrict historical and purely theoretical issues, as well as excessive references to cases and other literature.
The Marriage and Matrimonial Property Law Amendment Act (3) of 1988, together with the Divorce Act (70) of 1979, has brought about fundamental changes to the South African law of marriage. Prior to its enactment, black persons had been almost entirely excluded from the operation of the Matrimonial Property Act (88) of 1984, and it was only in 1988 that the Amendment Act (3) extended the ameliorations of 1984 to their civil marriages. This book discusses the ramifactions of this in detail, as well as dealing with the implications of the South African constitution. It refers to comparative law and the literature that describes important and similar developments in other jurisdictions.
The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK's bestselling law revision series. Features: * Review essential cases, statutes, and legal terms before exams. * Assess and approach the subject by using expert advice. * Gain higher marks with tips for advanced thinking and further discussions. * Avoid common pitfalls with Don't be tempted to. * Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
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.
The recent developments in South African law concerning the legal recognition of African customary marriages. Demonstrates how different social groups, systems of personal law and cultural or religious beliefs are constitutionally protected against any form of unfair discrimination. Aimed at lawyers, students and academics.
The Casebook on South African Family Law provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of family.
It contains commentary and extracts from cases referred to in South African Family Law.
This work reflects the law as at 31 July 2004. Decisions up to July 2004 have been considered for inclusion.
Despite increasing visibility of same-sex relationships in South Africa, there remains a distinct lack of research and public discussion around same-sex family practices and related legislative and social issues. This new collection of essays, interviews and images seeks to address this critical information gap by both capturing recent scholarship and documenting the challenges and experiences of same-sex partnered families. By bringing together work from diverse academic and professional disciplines - as well as visual materials from two recent exhibitions - this unique collection will play a crucial role in promoting further research into LGBTI families in South Africa. Topics covered include the theory and context of LGBTI families in South Africa; the legislative framework; media representations of same-sex families; assisted reproduction technology - challenges, experiences and understandings; parenting practices; disclosure practices within families; and intimate partner violence.
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
This best-selling textbook is loved by students and lecturers alike. Offering exceptional coverage of all key family law principles, this book also explores the theories, debates and ethical dilemmas which underpin the subject ensuring you have the knowledge required to critique the existing law and evaluate reform options. Family Law provides you with an exceptional grounding in this fascinating, and often controversial, subject ensuring you get the most from your textbook by equipping you with: a strong understanding of the wealth of legal principles at play in this dynamic subject area that you are likely to encounter on your course an in-depth appreciation of the wider social, economic and political tensions which surround family life enabling you to critique the existing law and evaluate proposed reforms a wide range of carefully selected summaries of key cases and extracts from important legislative provisions to highlight clearly the primary source material which forms the bedrock of the subject a variety of interesting, and often surprising, key statistics relating to each topic to illustrate the practical effects of the laws you are studying on society stimulating debates on particularly controversial, sensitive or topical legal dilemmas encouraging you to draw on your critical analysis skills to form your own opinions and evaluate the arguments posed on each side of the debate invaluable further reading references to provide a springboard for further study New to this Edition Important developments in the case law on the welfare principle New guidance on non-marriages Recent cases on financial provision Consideration of pre-nuptial agreements Examination of the law on parental responsibility Detailed discussion of domestic abuse
The Law of Persons in South Africa 2e offers a clear and accessible introduction to the principles of the law of persons. The text is thoroughly updated to reflect common law developments within the field. The second edition introduces a focus on transformative constitutionalism, as it relates to status, together with a more integral and expanded synthesis of common law and African customary law. Where relevant, aspects of legal ethics, social justice, problem solving and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text's unique pedagogical design. The text is directed at undergraduate modules in the law of persons, within the LLB degree programme. New to this edition: The text and features are updated, to reflect legal developments that have occurred within the recent period; The second edition includes a new chapter addressing transformative constitutionalism, as it relates to status; The second edition reflects a more integral and expanded synthesis of common law and African customary law, throughout; Material relating to surrogacy and curatorship now reflects additional substantive matter, to support comprehension of the material; Where relevant, legal ethics, social justice, problem solving and comparative aspects of law are foregrounded, at the appropriate level; The text's unique pedagogical design strengthens the development of readers' skills in critical and reflective engagement with the subject matter; To support educational outcomes, teaching and learning material is enriched and expanded.
Written by a team of highly experienced teachers of family law, this innovative new textbook is a contextual, critical, and highly engaging guide to the subject. Each expert author has crafted a superbly clear guide to their particular area of expertise, which is structured around the key debates central to that topic. These debates are explored and discussed throughout the chapter, and students are thereby introduced to an enlightening range of perspectives on the key issues. The social, economic, and political backdrop to each topic is also extensively discussed, to ensure that students' understanding is grounded in this essential context. Family Law is a fresh, modern, and unique guide to this dynamic subject.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
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