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Showing 1 to 8 of 8 (0.12 seconds)Spelling suggestions: "subject:"marriage inn community off property"" "subject:"marriage inn community oof property""
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The effect of modern constitutional development on marriages in community of property / Eugene PeyperPeyper, Eugene January 2015 (has links)
The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property is comprehensively discussed.
The Constitutional Court decision in Harksen v Lane determined the test for unconstitutionality. The test for unconstitutionality is discussed with specific reference to the Bill of Rights. The Constitutional Court's decision in Volks v Robinson is critically evaluated as the Court propounded the so-called "choice argument" in terms of which people purposefully decide to marry instead of cohabiting and therefore the law may accord certain benefits to married people which are not available to unmarried life partners. The Constitutional Court decisions in Van der Merwe v RAF as well as its consequences are discussed. It concluded that section 18(b) of the Matrimonial Property Act constituted unjustifiable discrimination between spouses married in community of property and those married out of community of property and the said section was therefore declared unconstitutional.
The law of insolvency in respect of the joint estate of spouses married in community of property is investigated. Freedom of testation and case law relating thereto is considered briefly. The study concludes with the submission that the common law provision that separate assets of a spouse in a marriage in community of property form part of the joint insolvent estate even if a testator expressly determined in his will that a bequest will not form part of the joint estate of a beneficiary, amounts to unfair discrimination and is unconstitutional. t is submitted that the principle unfairly discriminates between spouses married in community of property and those married out of community of property on the ground of marital status. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
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The effect of modern constitutional development on marriages in community of property / Eugene PeyperPeyper, Eugene January 2015 (has links)
The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property is comprehensively discussed.
The Constitutional Court decision in Harksen v Lane determined the test for unconstitutionality. The test for unconstitutionality is discussed with specific reference to the Bill of Rights. The Constitutional Court's decision in Volks v Robinson is critically evaluated as the Court propounded the so-called "choice argument" in terms of which people purposefully decide to marry instead of cohabiting and therefore the law may accord certain benefits to married people which are not available to unmarried life partners. The Constitutional Court decisions in Van der Merwe v RAF as well as its consequences are discussed. It concluded that section 18(b) of the Matrimonial Property Act constituted unjustifiable discrimination between spouses married in community of property and those married out of community of property and the said section was therefore declared unconstitutional.
The law of insolvency in respect of the joint estate of spouses married in community of property is investigated. Freedom of testation and case law relating thereto is considered briefly. The study concludes with the submission that the common law provision that separate assets of a spouse in a marriage in community of property form part of the joint insolvent estate even if a testator expressly determined in his will that a bequest will not form part of the joint estate of a beneficiary, amounts to unfair discrimination and is unconstitutional. t is submitted that the principle unfairly discriminates between spouses married in community of property and those married out of community of property on the ground of marital status. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
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Lewenspolisse, huwelike binne gemeenskap van goed en die berekening van boedelbelasting / Yolandi van VuurenVan Vuuren, Yolandi January 2010 (has links)
The treatment of life insurance policies in deceased estates and the effect thereof on marriages
in community of property is the cause of various problems for executors. In terms of section
3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the
deceased. Consequently life insurance policies are reflected in the estate duty addendum of
the deceased estate.
Life insurance policies however are not always reflected in the liquidation account of the
deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to
be assets for estate duty purposes. In this regard a distinction should be made between two
situations: firstly where life insurance policies are reflected in the liquidation account of the
insured estate and secondly where life insurance policies are not reflected in the liquidation
account of the insured.
For spouses married in community of property this creates a problem especially when you keep
in mind that life insurance policies are in many instances a person's biggest monetary asset.
When life insurance policies are reflected in the liquidation account of the insured, the surviving
spouse has a claim on half of the policy proceeds. When life insurance policies are not
reflected in the liquidation account of the insured, the surviving spouse has no claim on the
policy proceeds.
The problem that arises in this regard is that there is no certainty as to what extent life
insurance policies should be included in the calculation of estate duty, and how these policies
must be reflected in the estate of the deceased. This uncertainty has been perpetuated by
courts. This research will illustrate how the courts came to different conclusions where the facts
were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
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Lewenspolisse, huwelike binne gemeenskap van goed en die berekening van boedelbelasting / Yolandi van VuurenVan Vuuren, Yolandi January 2010 (has links)
The treatment of life insurance policies in deceased estates and the effect thereof on marriages
in community of property is the cause of various problems for executors. In terms of section
3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the
deceased. Consequently life insurance policies are reflected in the estate duty addendum of
the deceased estate.
Life insurance policies however are not always reflected in the liquidation account of the
deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to
be assets for estate duty purposes. In this regard a distinction should be made between two
situations: firstly where life insurance policies are reflected in the liquidation account of the
insured estate and secondly where life insurance policies are not reflected in the liquidation
account of the insured.
For spouses married in community of property this creates a problem especially when you keep
in mind that life insurance policies are in many instances a person's biggest monetary asset.
When life insurance policies are reflected in the liquidation account of the insured, the surviving
spouse has a claim on half of the policy proceeds. When life insurance policies are not
reflected in the liquidation account of the insured, the surviving spouse has no claim on the
policy proceeds.
The problem that arises in this regard is that there is no certainty as to what extent life
insurance policies should be included in the calculation of estate duty, and how these policies
must be reflected in the estate of the deceased. This uncertainty has been perpetuated by
courts. This research will illustrate how the courts came to different conclusions where the facts
were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
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Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet VermeulenVermeulen, 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
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Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet VermeulenVermeulen, 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
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The need for a flexible and discretionary system of marital property distribution in the South African law of divorceLowndes, Gillian Claire 11 1900 (has links)
Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M.
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| 8 |
The need for a flexible and discretionary system of marital property distribution in the South African law of divorceLowndes, Gillian Claire 11 1900 (has links)
Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M.
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