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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.
This book analyses how family law in a variety of countries has responded to the increase in the amount of recognized family structures.
Papers from the 10th International Society of Family Law Conference covering the resolution of disputes and current pressures on family law.
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.
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.
Without resorting to the "e;lawyers' language"e; that makes many books on family law difficult to understand for the non-lawyer, A Simple Guide to South African Family Law covers those aspects of family law most likely to affect the lives of ordinary people. It provides a "e;legal map"e; for individuals entering into - and terminating - marriages, civil unions and other domestic relationships; dealing with the children born of these relationships; coping with the difficulties of enforcing child and family support obligations; having to face the sad reality of the domestic violence which continues to plague our society; and making arrangements to distribute property after death. By arming readers with practical information about the content of their rights in this arena, and guiding them through the procedures necessary to protect and enforce those rights, the book will educate and empower ordinary people, thus helping to realise the promise of the Bill of Rights in their daily lives.
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices