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	Admiralty jurisdiction and party autonomy in the marine insurance practice in South Africa / Regina Mshinwa Mduma Mduma, Regina Mshinwa January 2013 (has links) An increase in international trade has resulted in an increase in the carriage of goods by sea, which has also promoted the business of marine insurance on a very huge scale. Marine insurance contracts fall within both the admiralty jurisdiction where admiralty laws apply and special contract law where the rules and principles of contract law apply. In certain circumstance this has left the courts with a dilemma in deciding in particular cases which law should apply; whether maritime law, contract law or marine insurance law. There are certain principles under the law of contract that are said to be profound and cannot be ousted easily by substantive law. The principle of party autonomy is one of these principles and it has gained international recognition through a number of cases. However, to date, courts are faced with difficulties in deciding whether to uphold the choice of law on jurisdiction and governing law exercised by parties or resort to substantive law, either by virtue of admiralty law or any other statutes in a country, which provisions may be contrary to the clause on choice of law under the contract. In South Africa practice has shown that courts are always reluctant to apply the clause on choice of law if they believe such application is against the public policy and interest in South Africa. This begs the question as to the precise meaning and effect of “public policy and interest” and how this principle influences the long-standing and well-established principle of party autonomy in admiralty jurisdiction. This dissertation is aimed at providing a legal response to this problem by analysing case law and the different viewpoints of various writers. It is imperative to investigate if their decisions and views answer all the uncertainties with regard to the meaning and the effect of the concept of “public policy and interest” on the principle of party autonomy. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014 Admiralty Court Admiralty jurisdiction Choice of law Carriage of Goods by Sea Act (COGSA) Exclusive jurisdiction Party autonomy Public policy and interest Admiraliteitshof Admiraliteitsjurisdiksie Keuse van reg Wet op die Vervoer van Goedere ter See Ekslusiewe jurisdiksie Party-outonomie Openbare beleid en belang
4	Admiralty jurisdiction and party autonomy in the marine insurance practice in South Africa / Regina Mshinwa Mduma Mduma, Regina Mshinwa January 2013 (has links) An increase in international trade has resulted in an increase in the carriage of goods by sea, which has also promoted the business of marine insurance on a very huge scale. Marine insurance contracts fall within both the admiralty jurisdiction where admiralty laws apply and special contract law where the rules and principles of contract law apply. In certain circumstance this has left the courts with a dilemma in deciding in particular cases which law should apply; whether maritime law, contract law or marine insurance law. There are certain principles under the law of contract that are said to be profound and cannot be ousted easily by substantive law. The principle of party autonomy is one of these principles and it has gained international recognition through a number of cases. However, to date, courts are faced with difficulties in deciding whether to uphold the choice of law on jurisdiction and governing law exercised by parties or resort to substantive law, either by virtue of admiralty law or any other statutes in a country, which provisions may be contrary to the clause on choice of law under the contract. In South Africa practice has shown that courts are always reluctant to apply the clause on choice of law if they believe such application is against the public policy and interest in South Africa. This begs the question as to the precise meaning and effect of “public policy and interest” and how this principle influences the long-standing and well-established principle of party autonomy in admiralty jurisdiction. This dissertation is aimed at providing a legal response to this problem by analysing case law and the different viewpoints of various writers. It is imperative to investigate if their decisions and views answer all the uncertainties with regard to the meaning and the effect of the concept of “public policy and interest” on the principle of party autonomy. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014 Admiralty Court Admiralty jurisdiction Choice of law Carriage of Goods by Sea Act (COGSA) Exclusive jurisdiction Party autonomy Public policy and interest Admiraliteitshof Admiraliteitsjurisdiksie Keuse van reg Wet op die Vervoer van Goedere ter See Ekslusiewe jurisdiksie Party-outonomie Openbare beleid en belang

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