Browsing Theses and Dissertations (Private Law) by Subject "Substantive equality"

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The harmonisation of good faith and ubuntu in the South African common law of contract

Du Plessis, Hanri Magdalena (2017-11)

The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the ...
The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88

Welsh, Shirley Anne Vera (2000-11)

Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The ...
The need for a flexible and discretionary system of marital property distribution in the South African law of divorce

Lowndes, Gillian Claire (2014-11)

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career ...
Recognition of domestic partnerships in South African law

Manthwa, Tshepo Aubrey (2015-09)

With the advent of a new constitutional dispensation in South Africa, intimate relationships that were not formally recognised, such as customary marriages, became fully recognised through designated legislation. Domestic ...

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