Global ETD Search

1	Freedom of testation : a memento of capitalist patriarchy Smith, Sarah Rutherford 11 1900 (has links) The South African concept of freedom of testation is one of the most absolute concepts of freedom of testation in westernised legal systems. It is suggested that the South African concept of freedom of testation is a memento of capitalist patriarchy. As the South African legal system practices a nearly absolute concept of freedom of testation, capitalist patriarchy has maintained masculine control of property in South Africa and perpetuated the systems of male dominance prevalent in South Africa. Freedom of testation allows for wealth to pass from one male to another. It also allows entrenched gender roles to continue by excluding women from inheriting. Thus the South African law of testate succession and its central concept of freedom of testation allows for discrimination on the ground of gender. / Jurisprudence / LL.M Succession Freedom of testation Socialist feminism Capitalism Roman law Renaissance Enlightenment Patriarchy Feudalism Industrial revolution Ownership Property 346.52068 Freedom of testation -- South Africa Right of property -- South Africa Decedents' estates -- South Africa Socialist feminism -- South Africa
2	Freedom of testation : a memento of capitalist patriarchy Smith, Sarah Rutherford 11 1900 (has links) The South African concept of freedom of testation is one of the most absolute concepts of freedom of testation in westernised legal systems. It is suggested that the South African concept of freedom of testation is a memento of capitalist patriarchy. As the South African legal system practices a nearly absolute concept of freedom of testation, capitalist patriarchy has maintained masculine control of property in South Africa and perpetuated the systems of male dominance prevalent in South Africa. Freedom of testation allows for wealth to pass from one male to another. It also allows entrenched gender roles to continue by excluding women from inheriting. Thus the South African law of testate succession and its central concept of freedom of testation allows for discrimination on the ground of gender. / Jurisprudence / LL.M Succession Freedom of testation Socialist feminism Capitalism Roman law Renaissance Enlightenment Patriarchy Feudalism Industrial revolution Ownership Property 346.52068 Freedom of testation -- South Africa Right of property -- South Africa Decedents' estates -- South Africa Socialist feminism -- South Africa
3	Denial of inheritance rights for women under indigenous law : a violation of international human rights norms Moodie, Nicolette 12 1900 (has links) Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their husbands and fathers as a result of the operation of the indigenous law rule of male primogeniture, in terms of which an heir must be male. This violates prohibitions on gender discrimination, as well as other, more specific provisions found in international human rights treaties. However, courts in both South Africa and Zimbabwe have in recent years upheld the rule. States Parties to relevant treaties have an obligation to ensure equal inheritance rights for women and girls. In the case of South Africa, provisions of the Constitution are also relevant. After discussing the operation of the indigenous law of inheritance, the international human rights provisions violated by it, as well as the recommendations of the South African Law Commission and legislative proposals on this issue, the writer suggests that legislation should be adopted to ensure equality for women and girls, while retaining the positive aspects of indigenous law and culture. / Constitutional, International & Indigenous Law / LL. M. (Law) Indigenous law sub-Saharan Africa Culture Inheritance Male primogeniture Distortion of indigenous law Duty of support Gender equality International human rights norms International law Treaties Constitution Bill of Rights Universality Non-discrimination Accountability Cultural relativism Judicial resolution Legislation South African Law Commission 346.52068 Customary law -- South Africa Women's rights -- South Africa Women
4	Denial of inheritance rights for women under indigenous law : a violation of international human rights norms Moodie, Nicolette 12 1900 (has links) Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their husbands and fathers as a result of the operation of the indigenous law rule of male primogeniture, in terms of which an heir must be male. This violates prohibitions on gender discrimination, as well as other, more specific provisions found in international human rights treaties. However, courts in both South Africa and Zimbabwe have in recent years upheld the rule. States Parties to relevant treaties have an obligation to ensure equal inheritance rights for women and girls. In the case of South Africa, provisions of the Constitution are also relevant. After discussing the operation of the indigenous law of inheritance, the international human rights provisions violated by it, as well as the recommendations of the South African Law Commission and legislative proposals on this issue, the writer suggests that legislation should be adopted to ensure equality for women and girls, while retaining the positive aspects of indigenous law and culture. / Constitutional, International and Indigenous Law / LL. M. (Law) Indigenous law sub-Saharan Africa Culture Inheritance Male primogeniture Distortion of indigenous law Duty of support Gender equality International human rights norms International law Treaties Constitution Bill of Rights Universality Non-discrimination Accountability Cultural relativism Judicial resolution Legislation South African Law Commission 346.52068 Customary law -- South Africa Women's rights -- South Africa Women
5	Maintenance of the surviving spouse in South Africa : the challenges faced by the executor Williams, Ronel Anneli 02 1900 (has links) The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with a claim for maintenance against the estate of the deceased spouse in certain circumstances. This objective is sound, as it is evident from an analysis of the history of our law that legislation was needed to address the financial position of a survivor following the death of his or her spouse. The practical application of the Act is, however, not as robust as it does not always achieve the stated objective and often leads to unintended consequences. This research has a dual objective. The first aim is to analyse the practical considerations when an executor applies the Act and to consider the challenges the executor must deal with when considering a maintenance claim under the Act. The second aim is to investigate possible solutions to these challenges and to consider whether there are viable alternative arrangements for the way in which a maintenance claim under the Act is handled. The purpose of the study is to formulate a comprehensive recommendation for legislative reform of the Act so that the practical application of the Act achieves a result that reflects the objective of the Act. / Private Law / LL.D. Maintenance Surviving spouse Survivor Executor Maintenance of Surviving Spouses Act Deceased estate Reasonable maintenance needs Own means Life partnerships Heterosexual life partners Same-sex life partners Religious marriages 346.52068 Widow's allowance -- South Africa Spouse's share -- South Africa

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