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Books on the topic 'Common Law Marriage – South Africa'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Hjort, Anders. Environmental planning and common property resources in South Africa. Land and Agriculture Policy Centre, 1994.

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2

Marriage, land and custom: Essays on law and social change in South Africa. Juta, 2013.

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3

Legal pluralism in South Africa: Aspects of African customary, Muslim and Hindu family law. Van Schaik, 2009.

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4

Zimmermann, Reinhard, 1952 Oct. 10- and Visser D. P, eds. Southern cross: Civil law and common law in South Africa. Clarendon Press, 1996.

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5

(Editor), Reinhard Zimmermann, and Daniel Visser (Editor), eds. Southern Cross: Civil Law and Common Law in South Africa. Oxford University Press, USA, 1996.

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6

Iniuria And The Common Law. Hart Publishing, 2013.

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7

Johann, Scholtz, and de Villiers Dawid. 29 South Africa. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0029.

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This chapter discusses the principle of set-off in South Africa in relation to common law and legislation, both outside and within the context of insolvency. It considers set-off between solvent parties and set-off against insolvent parties, along with cross-border issues arising from set-off in both cases. With regard to solvent parties, illegal debts or debts prohibited by statute, or certain debts such as alimony or taxes due to the fiscus, cannot be set off. Debts that have already prescribed prior to the necessary mutuality of debts arises also cannot be set off under the common law. Unde

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8

Melanie, Judge, Manion Anthony, and De Waal Shaun, eds. To have and to hold: The making of same-sex marriage in South Africa. Fanele, 2008.

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9

Heinz, Klug. 6 South Africa: From Constitutional Promise to Social Transformation. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0007.

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South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. This process is epitomised by the two-stage constitution-making process in which the conflicting parties first negotiated an ‘interim’ constitution and then, after democratic elections, empowered the new Parliament to sit as a constitutional assembly

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10

Reid, Kenneth G. C., Marius J. de Waal, and Reinhard Zimmermann, eds. Comparative Succession Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.001.0001.

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This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person’s will to obtain money or assets (or more money or assets) from the person’s estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased’s estate or of its value on certain members of the deceased’s family, and especially on the deceased’s children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the

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11

Creighton, Breen, Catrina Denvir, Richard Johnstone, Shae McCrystal, and Alice Orchiston. Strike Ballots, Democracy, and Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198869894.001.0001.

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The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a

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12

Ran, Hirschl. 5 How Universal is Comparative Constitutional Law? Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198714514.003.0006.

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This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions across time and space, notably between “universalists,” who emphasize common elements of legal (and constitutional) systems across time and place, and “particularists” who emphasize the unique nature of any given legal (and constitutional) system. “Third way” alternatives such as constitutional pluralism are also examined. Second, the “global south” critique in comparative constitutional law, or how tru

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13

Vrancken, Patrick, and Charl Hugo, eds. African perspectives on selected marine, maritime and international trade law topics. African Sun Media, 2020. http://dx.doi.org/10.18820/9781991201072.

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This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.

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14

Calabresi, Steven Gow. The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.001.0001.

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These two books examine the history and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union. Both books look at four different theories, which help to explain the birth of judicial review, and to identify which theories apply best in the various countries discussed. The two books consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it t

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15

Calabresi, Steven Gow. The History and Growth of Judicial Review, Volume 2. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.001.0001.

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This second volume builds on the story of Volume I as to the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union. In addition to discussing the judicial review systems of the major civil law countries in this Volume, I also discuss the birth and growth in power of the European Court of Justice and of the European Court of Human Rights, both of which hear cases ffrom common law as

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16

Sengupta, Arghya, and Ritwika Sharma, eds. Appointment of Judges to the Supreme Court of India. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199485079.001.0001.

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In Supreme Court Advocates-on-Record Association v. Union of India [(2016) 5 SCC 1], a five-judge bench of the Supreme Court struck down the 99th Amendment to the Constitution and the National Judicial Appointments Commission (NJAC) Act, 2014, which replaced the existing collegium system with the NJAC, a new bipartisan model for appointing judges. This edited volume uses the judgment in the NJAC Case as a springboard to address the politics, doctrine, and developments pertaining to judicial appointments in India. It critically examines fundamental constitutional concepts such as rule of law, s

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17

Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living t

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