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The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa.It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984.
J and B v Director-General, Department of Home Affairs and Others is a 2003 decision of the Constitutional Court of South Africa which dealt with the situation of children born via artificial insemination to a lesbian couple in a permanent life-partnership.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of ...
Fraser v Children's Court, Pretoria North and Others is a 1997 judgment of the Constitutional Court of South Africa which held that, in certain circumstances, the consent of the father is required before a child born out of wedlock may be adopted.
In 1949, South Africa promulgated the Citizenship Act 44, which automatically conferred Union nationality, in Sections 2 and 5 upon persons born or descended from South Africans, and in Section 2.2, upon the inhabitants who had been born in South West Africa on 2 September 1949, the date the act became operable.
As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...
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