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Property Law in Namibia (2nd ed.). Pretoria University Law Press. ISBN 978-1-991213-19-8. OCLC 1429904028. Amoo, Samuel K.; Harring, Sidney L. (18 November 2010). "Intellectual property under the Namibian Constitution" (PDF). Constitutional Democracy in Namibia - A Critical Analysis After Two Decades. Konrad Adenauer Foundation. ISBN 978-99916 ...
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 ...
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 ...
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).
The Supreme Court is the highest national forum of appeal. It has inherent jurisdiction over all legal matters in Namibia. It adjudicates, according to art 79 of the Constitution, appeals emanating from the High Court, including appeals which involve the interpretation, implementation and upholding of the Constitution and the fundamental rights and freedoms guaranteed therein.
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.
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.