Global ETD Search

1	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
2	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
3	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, 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. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa
4	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, 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. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa

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