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Department of Private Law: Recent submissions

Now showing items 81-100 of 215

The best interests of the child: From complete indeterminacy to guidance by the Children’s Act

Ferreira, Sandra (LexisNexis, 2010)

The requirement that the best interests of the child should be a primary consideration in all issues involving children is found in almost all human rights documents. There can be no doubt about the importance of the best ...
INTERCOUNTRY ADOPTIONS De Gree v Webb unrep case no 05/25316 (W)

Ferreira, Sandra (LexisNexis, 2007)

To leave your country of origin permanently is traumatic for anyone, but children are especially vulnerable and need to be protected. When a child is removed from the country not through intercountry adoption, but in terms ...
MANIPULASIE VAN DIE REG? NAHUWELIKSE REGISTRASIE VAN ’N HUWELIKSVOORWAARDESKONTRAK Ex parte Sanders et Uxor 2002 5 SA 387 (K)

Ferreira, Sandra; Jacobs, S (LexisNexis, 2003)

This case note considers the circumstances where parties the requested the amendment of their matrimonial property system after their marriage.
Race and culture – are we talking about the same thing?

Ferreira, Sandra (LexisNexis, 2006)

In the past, racial background was often associated with an obvious difference in culture, and the perception existed that people of the same race necessarily belong to the same culture. The aim of this note is to explore ...
Step-Parent Adoption Gone Wrong: GT v CT [2015] 3 ALL SA 631 (GJ)

Ferreira, Sandra; Skosana, Themba (Faculty of Law, North West University, 2016)

In GT v CT [2015] 3 ALL SA 631 (GJ) two children had been legally adopted by their stepfather while the Child Care Act was in operation. After the implementation of the Children's Act 38 of 2005, however, he applied for ...
The voice of the child in adoption in South Africa

Ferreira, Sandra (LexisNexis, 2014)

Over the past few years, there has been growing recognition of the autonomy of children and their right to have a say in matters affecting their well-being. This is an area of South African law that has received much ...
STEP-PARENT ADOPTION Centre for Child Law v Minister of Social Development 2014 1 SA 468 (GNP)

Ferreira, Sandra (LexisNexis, 2015)

Adoption in South Africa takes various forms, including step-parent adoption (Ferreira Interracial and intercultural adoption: A South African legal perspec- tive (2010) 2). Chapter 15 of the Children’s Act 38 of 2005 ...
The feasibility of compensated surrogacy in South Africa: a comparative legal study

Maré, Louis (2016-01-27)

The following is a study and comparison of the various types of surrogacy currently being implemented locally and internationally and the laws surrounding it. I discuss the current South African legal framework on surrogacy ...
A legal comparison of a notarial bond in South African law and selected aspects of a pledge without possession in Belgian law

Ntsoane, Lefa Sebolaisi (2016-09-23)

A real security right improves a creditor’s chances of recovering a debt owed to him by the debtor. In the case of an ordinary pledge, the pledgor delivers physical control of his movable property to his creditor to serve ...
Building families through Assisted Reproductive Technologies in South Africa: a critical legal analysis

Mande, Ntumba (2016-02)

The advent of ARTs has enabled many individuals to have children and build families. Although ARTs have from the start been designated to serve as alternative way for heterosexual infertile individuals and couples to have ...
A comparative analysis of cancellation, discharge and avoidance as a remedy for breach of contract in South African law, English law and the Convention for International Sale of Goods (CISG)

Vambe, Beauty (2016-02)

The aim of the thesis was to critically compare termination of contracts in South Africa, England and the CISG. It was found out that South Africa prefers to use the term cancellation because it is a remedy of last resort. ...
Bebouing (inaedificatio) in die Suid-Afrikaanse Reg – ’n regsvergelykende studie

Knobel, Ina Magdalena (2016-09)

Hierdie proefskrif handel oor aspekte van inaedificatio (bebouing) in die Suid-Afrikaanse, Engelse en Nederlandse reg. Die klem val op die maatstawwe wat aangewend word om te bepaal of aanhegting van ‘n roerende saak aan ...
Divorce mediation in Australia – valuable lessons for family law reform in South Africa

De Jong, Madelene (Institute of Foreign and Comparative Law, Unisa, 2007)

It was officially recommended that the South African Family Court should be modelled reasonably closely on, inter alia, the Australian Family Court. Since its inception this court has had a social component which emphasized ...
An acceptable, applicable and accessible family-law system for South Africa – some suggestions concerning a family court and divorce mediation

De Jong, Madelene (Juta, 2005)

It is often remarked that the adversarial system of litigation is not well-suited to divorce and other family law disputes as it exacerbates the emotional stress and conflict which usually accompany these kinds of disputes. ...
The newly introduced public mediation service in the maintenance court environment: Does it make a difference in the short term?

De Jong, Madelene (LexisNexis, 2009)

In an effort to alleviate the negative consequences of the adversarial system of litigation the Department of Justice and Constitutional Development piloted a basic mediation training programme for all court officials in ...
Child-focussed mediation

De Jong, Madelene (Juta, 2009)
A pragmatic look at mediation as an alternative to divorce litigation

De Jong, Madelene (Juta, 2010)

Divorce or family breakdown, which is a reality for almost everybody, is a multidimensional process which involves both psychology and the law. Nonetheless, it is treated by legal practitioners solely as a legal event. ...
The postponement and separation of children’s issues upon divorce – Quick relief or a glaring mistake? – K v K 2008 5 SA 431 (W)

De Jong, Madelene (LexisNexis, 2010)

In this note the decision in K v K 2008 5 SA 431 (W), where a divorce order was granted before the court first ensured that the children's best interests are taken care of satisfactorily, is criticised. The piecemeal fashion ...
Judicial stamp of approval for divorce and family mediation in South Africa

De Jong, Madelene (LexisNexis Butterworths, 2005)

This note illustrates that mediation can be used as an important tool for dealing with all divorce and family disputes. It sets out the judicial endorsement of divorce and family mediation in case law as well as the features, ...
Restitution of land rights : the requirement of feasibility of restoration

Naidoo, Renay (2015)

The purpose of the Restitution of Land Rights Act 22 of 1994 is to provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially ...

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