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1	Die bestaanbaarheid van gewoonteregtelike huwelike in die lig van die Grondwet / M.M. Herbst Herbst, Maria Magarieta January 2005 (has links) Customary marriages are essentially polygamous. Courts were of the opinion that the nature of customary marriages are against public policy and natural justice. The Interim Constitution, 1993 gave effect to the consequences of customary marriages in principle XIII, while section 15(3) of the Constitution of the Republic of South Africa, 1996 allows for the recognition of marriages concluded in terms of custom. These marriages may, however not be in conflict with the Bill of Rights. Recognition was given to lobolo as the courts could not find it to be against public policy as is reflected initially in section 11 (1) of the Black Administration Act 38 of 1927 and subsequently in section 54A of the Magistrate's Court Act 32 of 1944 and section 1 of the Law of Evidence Amendment Act 45 of 1988. In 1998 the Recognition of Customary Marriages Act 120 of 1998 was promulgated to give recognition to customary marriages. In this study, the question to what extent customary marriages and the Recognition of Customary Marriages Act 120 of 1998 are consistent with the Constitution within a democratic society based on equality, freedom and human dignity is addressed. It was found that the purpose of the Recognition of Customary Marriages Act 120 of 1998 is not only to give recognition to customary marriages, but to amend the traditional customary rules which may be inconsistent with the Bill of Rights. The Act succeeds in this. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2006. Customary law Marriage Constitution Recognition of customary marriages Conflict with Constitution Gewoontereg Huwelik Grondwet Erkenning van gewoonteregtelike huwelike Onbestaanbaarheid met die Grondwet
2	Die bestaanbaarheid van gewoonteregtelike huwelike in die lig van die Grondwet / M.M. Herbst Herbst, Maria Magarieta January 2005 (has links) Customary marriages are essentially polygamous. Courts were of the opinion that the nature of customary marriages are against public policy and natural justice. The Interim Constitution, 1993 gave effect to the consequences of customary marriages in principle XIII, while section 15(3) of the Constitution of the Republic of South Africa, 1996 allows for the recognition of marriages concluded in terms of custom. These marriages may, however not be in conflict with the Bill of Rights. Recognition was given to lobolo as the courts could not find it to be against public policy as is reflected initially in section 11 (1) of the Black Administration Act 38 of 1927 and subsequently in section 54A of the Magistrate's Court Act 32 of 1944 and section 1 of the Law of Evidence Amendment Act 45 of 1988. In 1998 the Recognition of Customary Marriages Act 120 of 1998 was promulgated to give recognition to customary marriages. In this study, the question to what extent customary marriages and the Recognition of Customary Marriages Act 120 of 1998 are consistent with the Constitution within a democratic society based on equality, freedom and human dignity is addressed. It was found that the purpose of the Recognition of Customary Marriages Act 120 of 1998 is not only to give recognition to customary marriages, but to amend the traditional customary rules which may be inconsistent with the Bill of Rights. The Act succeeds in this. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2006. Customary law Marriage Constitution Recognition of customary marriages Conflict with Constitution Gewoontereg Huwelik Grondwet Erkenning van gewoonteregtelike huwelike Onbestaanbaarheid met die Grondwet
3	Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet Vermeulen Vermeulen, Peet January 2014 (has links) In this research report the estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are identified by determining the impact thereof and whether or not there are any differences with regard to the estate implications of a traditional marriage. The Civil Union Act came into effect to give legality to the relationship between homosexual couples by providing the option to conclude a marriage or civil partnership. Both of these institutions thus have the same legal consequences. According to Section 13 of the Civil Union Act the implications of the Marriage Act also apply to the Civil Union Act. The feasibility of this principle is not taken into account regarding estate implications. Since a marriage and civil partnership in terms of the Civil Union Act differs from a traditional marriage, it leads to uncertainty with regard to the application of this principle. This uncertainty and estate implications are the topic of this study. The total effect of the Civil Union Act is not discussed in the Civil Union Act, but rather consists of references to other legislation. Consequently the specific estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are discussed with specific focus on marriage regimes, maintenance, purchasing of household necessities, donations and tax benefits. Both the position before and after the Civil Union Act are considered. Firstly marriage regimes are discussed since it is the first step in identifying estate implications for the marriage or civil partnership. Maintenance is considered a direct result of a marriage and is referred to in many laws. It is therefore necessary to discuss the content of the legislation and whether or not it is compatible with the Civil Union Act. The buying of household necessities, donations and tax benefits has a unique effect on a marriage and the focus in this study is on the effect it has on a marriage and civil partnership entered into in terms of the Civil Union Act. The conclusion is that this research report will provide clarity on what exactly the estate implications are for parties who have married or concluded a civil partnership in terms of the Civil Union Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014 Belastingvoordele Boedelimplikasies Civil Union Act 17 van 2006 Egskeiding Huishoudelike benodighede Huweliksgoederebedelings Huwelike binne gemeenskap van goedere Huwelike buite gemeenskap van goedere Intestate erfopvolging Langslewende gade Onderhoud Siviele vennootskap Skenkings Tradisionele huwelike Wet op Egskeiding 70 van 1979 Wet op Onderhoud 99 van 1998 Civil Union Act 17 of 2006 Divorce Divorce act 70 of 1979 Donations Estate implications Household neccesities Intestate succession Intestate Succession Act 81 of 1987 Maintenance Maintenance Act 99 of 1998 Marriage in community of property Marriage out of community of property Marriage regimes Sivile partnership Surviving spouse Tax benefits Tradisional marriages
4	Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet Vermeulen Vermeulen, Peet January 2014 (has links) In this research report the estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are identified by determining the impact thereof and whether or not there are any differences with regard to the estate implications of a traditional marriage. The Civil Union Act came into effect to give legality to the relationship between homosexual couples by providing the option to conclude a marriage or civil partnership. Both of these institutions thus have the same legal consequences. According to Section 13 of the Civil Union Act the implications of the Marriage Act also apply to the Civil Union Act. The feasibility of this principle is not taken into account regarding estate implications. Since a marriage and civil partnership in terms of the Civil Union Act differs from a traditional marriage, it leads to uncertainty with regard to the application of this principle. This uncertainty and estate implications are the topic of this study. The total effect of the Civil Union Act is not discussed in the Civil Union Act, but rather consists of references to other legislation. Consequently the specific estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are discussed with specific focus on marriage regimes, maintenance, purchasing of household necessities, donations and tax benefits. Both the position before and after the Civil Union Act are considered. Firstly marriage regimes are discussed since it is the first step in identifying estate implications for the marriage or civil partnership. Maintenance is considered a direct result of a marriage and is referred to in many laws. It is therefore necessary to discuss the content of the legislation and whether or not it is compatible with the Civil Union Act. The buying of household necessities, donations and tax benefits has a unique effect on a marriage and the focus in this study is on the effect it has on a marriage and civil partnership entered into in terms of the Civil Union Act. The conclusion is that this research report will provide clarity on what exactly the estate implications are for parties who have married or concluded a civil partnership in terms of the Civil Union Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014 Belastingvoordele Boedelimplikasies Civil Union Act 17 van 2006 Egskeiding Huishoudelike benodighede Huweliksgoederebedelings Huwelike binne gemeenskap van goedere Huwelike buite gemeenskap van goedere Intestate erfopvolging Langslewende gade Onderhoud Siviele vennootskap Skenkings Tradisionele huwelike Wet op Egskeiding 70 van 1979 Wet op Onderhoud 99 van 1998 Civil Union Act 17 of 2006 Divorce Divorce act 70 of 1979 Donations Estate implications Household neccesities Intestate succession Intestate Succession Act 81 of 1987 Maintenance Maintenance Act 99 of 1998 Marriage in community of property Marriage out of community of property Marriage regimes Sivile partnership Surviving spouse Tax benefits Tradisional marriages
5	Levitikus 18 en 20 in die homoseksualiteitsdebat : 'n hermeneutiese perspektief (Afrikaans) Swart, Jacobus Abraham 25 August 2008 (has links) AFRIKAANSAan die begin van die 21e eeu vorm homoseksualiteit wêreldwyd een van die mees aktuele en uitdagende vraagstukke. Gelowiges en kerke worstel met kwessies soos homoseksuele huwelike, homoseksuele ampsdraers en of die praktisering van ’n homoseksuele oriëntasie aanvaarbaar is. Die doel van hierdie navorsing is om die problematiek en aktualiteit rondom homoseksualiteit aan te toon. Die belangrikste historiese asook natuur- en geesteswetenskaplike insigte oor homoseksualiteit word ook belig. Ten diepste handel die debat oor homoseksualiteit oor die vraag: Hoe moet ’n mens die Bybel interpreteer? Die bepaalde hermeneutiese sleutel wat ’n eksegeet gebruik om tekste soos dié in Levitikus te ontsluit, bepaal sy of haar verstaan van hierdie tekste. ’n Eksegetiese en hermeneutiese analise van hierdie tekste dui daarop dat beide Levitikus 18:22 en Levitikus 20:13 nie in die hedendaagse teologiese debatte oor homoseksualiteit eenvoudig direk eweredig aangewend kan word om die seksuele oriëntasie van homoseksualiteit op hierdie Bybelse gronde af te wys nie. ENGLISH Worldwide homosexuality currently forms one of the most challenging and contentious issues. Churches are struggling with questions about homosexual marriage, the ordination of homosexual clergy and office-bearers as well as the acceptability of acting on a homosexual orientation. The aim of this research is to shed light on the different problem areas that surrounds homosexuality and show why it is so topical. The most important insights about homosexuality from history as well as modern science, are also discussed. The homosexuality debate centres around the question: How should one interpret the Bible? This study confirms that the hermeneutical key an exegete uses to unlock texts like those in Leviticus determines his or her understanding of these texts. The exegetical and hermeneutical analysis of these texts makes it clear that neither Leviticus 18:22 nor Leviticus 20:13 can simply be applied directly in the current theological debate. / Dissertation (MA)--University of Pretoria, 2008. / Biblical and Religious Studies / unrestricted Lesbian Homofobie Homosexual clergy Ampsdraers Heteroseksisme Homophilia Homoseksueel Levitikus 20:13 Homophobia Homosexualism Homoseksuele Homoerotiek Homofilie Homoseksualisme Levitikus 18:22 Seksualiteit Seksuele oriëntasie Huwelike Homoseksuele Lesbies Gay Homosexuality Homoseksualiteit Homosexual Homoeroticism Heterosexism Sexual orientation Sexuality Homosexual marriage UCTD

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