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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 2 of 2 (0.1 seconds)| 1 |
Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)Coetzee, Linden 08 1900 (has links)
Text in Afrikaans, abstract in English / Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983
against the backdrop of the South African common law and the common law of comparative legal
systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural
father does not have parental power which weakens his legal position.
In analysing the judgement of the Constitutional Court, writer criticises the court for stating that
in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against
a natural father may be justifiable in the initial period after the child is born.
The constitutional position of the natural father in American jurisprudence is discussed at length.
Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made. / Private Law / LL. M. (Law)
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Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)Coetzee, Linden 08 1900 (has links)
Text in Afrikaans, abstract in English / Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983
against the backdrop of the South African common law and the common law of comparative legal
systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural
father does not have parental power which weakens his legal position.
In analysing the judgement of the Constitutional Court, writer criticises the court for stating that
in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against
a natural father may be justifiable in the initial period after the child is born.
The constitutional position of the natural father in American jurisprudence is discussed at length.
Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made. / Private Law / LL. M. (Law)
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