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Article 16(1) of the Constitution of Namibia protects the right of all persons to acquire, own and dispose of all forms of immovable and movable property, but grants the Parliament of Namibia the authority to regulate or prohibit the right of non-citizens to acquire property. [1] Article 16(2) allows the government to expropriate property in ...
Community of Acquests and Gains: Each spouse owns an undivided half-interest in all property acquired during the marriage, except for property acquired by gift or inheritance during the marriage, which is separate property; or which traces to separate property acquired before the marriage, which remains separate property; or which is acquired during a period when the couple are permanently ...
While polygamous marriages are not legally recognized under the civil marriage laws of Namibia, a bill was successfully passed in 2003, {{Citation needed}} based on the model in South Africa, [1] which recognizes polygamous unions under customary law; affording a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody.
Generally, couples marry into some form of community of property by default, or instead contract out under separation of property or some other regime through a prenuptial agreement passed before a civil-law notary or other public officer solemnizing the marriage. Many civil law jurisdictions also have other established systems of dividing ...
Namibia has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
The Marriage Act (Act 25 of 1961), [a] enacted by the Parliament of South Africa when Namibia was still South West Africa, does not explicitly prohibit the recognition of same-sex marriages; neither does it explicitly define marriage. [14] However, the law has been interpreted not to recognise same-sex unions. [15]
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.