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Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and ...
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]
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 marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the manus (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or master of all persons and owner of all property in a familia.
Debate has occurred throughout Africa over proposals to legalize same-sex marriage as well as civil unions.. Currently, South Africa is the only African country that performs and recognises same-sex marriage, [1] and Namibia is the only other which legally recognizes same-sex marriages performed abroad.
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 ...
The South African Marriage Act #25 of 1961 (SA) came into force in Namibia on 1 February 1972 when the Marriage Amendment Act, 1970 was brought into force in South West Africa. Men and women of full age have the right to marry and to be found a family. They shall be entitled to equal rights as to marriage, during the marriage, and at its ...