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"The law of persons is a dynamic area of the law, and it is this dynamic nature that generates interest in this subject and makes it stimulating to teach and learn. Law of Persons seeks to make this subject area accessible to students, including first-year students. In the law of persons, the common law and legislation have been harmonised with the spirit, purport and objects of the Bill of Rights, while the values entrenched in the Constitution are permeating every area of the law. The greatest change in our law of persons to date has been the Children's Act 38 of 2005: it had redefined basic concepts, it has revolutionised the parent-child relationship, it has ended the labelling of children in terms of their parents' marital status and it has radically altered the legal status of unmarried fathers. Law of Persons is also available in Afrikaans, and should ideally be used in conjunction with Personeregbronnebundel / Law of Persons Sourcebook"--Provided by publisher.
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
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.
The book provides articles on child law in South Africa. It includes topics such as:maintenance for children; legal representation; adoption; special protection; Socio economic rights; ; inter country adoption; school discipline; sexual offences and detention of children.