Department of Private Law
https://hdl.handle.net/10500/2989
2024-03-28T10:44:37ZThe guardian’s fund as the appropriate receptacle of lump-sum future maintenance for children
https://hdl.handle.net/10500/30964
The guardian’s fund as the appropriate receptacle of lump-sum future maintenance for children
Adriaan, Jemillo Cristopher
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 some gaps in this regard and have allowed the attachment of certain benefits for the future maintenance of children. However, in addition to this identified gap, the Maintenance Act also does not indicate who will be responsible for administering the benefits that are eligible for attachment.
This dissertation relates to the critical question as to who will be responsible for administering the benefits after a future maintenance order is made – more particularly whether the Guardian’s Fund section of the Master of the High Court is the appropriate receptacle to administer lump-sum future maintenance for children.
The research will further be conducted to identify areas of conflict between future maintenance court orders and the Estates Act. Solutions will be suggested to these conflicts to assist in providing a framework for the drafting of amendments to the Maintenance Act to regulate the issue of future maintenance for children.
2021-08-09T00:00:00ZRecognition and enforcement of foreign child support orders : a comparative analysis of Eritrean and South African law
https://hdl.handle.net/10500/30963
Recognition and enforcement of foreign child support orders : a comparative analysis of Eritrean and South African law
Bereket Tsegai Embaye
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. On the other hand, the Transitional Civil Procedure Code of Eritrea (TCPCE hereinafter) imposes requirements before foreign judgments are recognised and enforced. This study investigates the requirements under the TCPCE vis-à-vis effective recognition and enforcement of foreign child support orders. The method employed is a comparative analysis between Eritrean and South African law as well as the Hague Convention of 2007. The writer argues that some of the requirements under the TCPCE are hindrances for effective recognition and enforcement of foreign child support orders because they contradict with some features of child support orders. In specific circumstances, the domestic enforcement mechanisms also have lacunas. Hence, recognition and enforcement of foreign child support orders under the TCPCE are problematic.
2023-06-14T00:00:00ZSouth african courts’ differing approaches to determining children’s views in family law matters
https://hdl.handle.net/10500/30961
South african courts’ differing approaches to determining children’s views in family law matters
Uys, Alet Magdaleen
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, relocation, and child abduction proceedings. The analysis finds that South African courts determine children’s views and wishes in legal proceedings in diverging ways. Various role-players are involved in assessing children in legal proceedings, and are requested to report their findings to courts. To ensure compliance with the UNCRC, ACRWC and the Children’s Act 38 of 2005, it is important that the respective role-players involved in determining children’s views in legal proceedings base their assessment and findings on the proposed prescribed measures and undergo additional, relatively simple training in respect of such measures. Prescribed measures to determine children’s views and wishes will result in a less diverging, more consistent approach to child participation.
2022-02-21T00:00:00ZThe influence of reasonableness on determining delictual or tort liability for pure economic loss – comparative conclusions
https://hdl.handle.net/10500/30711
The influence of reasonableness on determining delictual or tort liability for pure economic loss – comparative conclusions
Ahmed, Raheel
2023-11-04T00:00:00Z