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The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...
This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, ...
Ahmed, Raheel(Faculty of Law, North-West University, 2023-06-13)
American and French law, like South African law, recognises
claims for emotional or mental harm. Emotional, mental or
psychological harm was recognised by the courts only in the
nineteenth century and even though the ...
Ahmed, Raheel(Faculty of Law, North-West University, 2023-09-26)
Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence, where emphasis is placed on ...
Surrogacy is an assisted reproductive technology method that enables a woman to
carry the pregnancy of commissioning parent(s) to term and hand over the child after
birth. This thesis examines the practice regulation of ...
The principle of pharmacogenetics and pharmacogenomics (PGx) in health research is not new. However, pursuance thereof has regained momentum in the 21st century. Despite the apparent demand to respond to adverse drug ...
The advancement in medical technology over the past few decades has brought hope to infertile people and same-sex couples to have their own families in circumstances where it would not have been possible for them otherwise, ...
The statutory legal systems in South Africa and Zambia are generally considered superior to customary laws and practices. Despite the co-existence of legal systems in both countries, it cannot be assumed that they receive ...
After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ...
Since 1979 when Sweden became the first country to ban corporal punishment, there has been a steady increase in the number of countries prohibiting physical force as a disciplinary measure against children. To date, ...
We find ourselves in an era of intelligent machines as technology pushes the boundaries towards the fourth industrial revolution. AI is already here in disruptive narrow forms, cutting across the globe and leaving almost ...
This doctoral thesis deals with the right to fair, just and reasonable terms and conditions, set
out in sections 48 to 52 of the Consumer Protection Act, and the theoretical and practical
problems involved. These provisions ...
The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective in ...
The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with ...
Ahmed, Raheel(Faculty of Law, North-West University, 2019)
In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ...
The influence of reasonableness on the South African law of delict is evident in establishing all the individual elements of a delict. To some extent, there is confusion and uncertainty in general on the role of reasonableness ...