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. ...

In this article the different theoretical bases for attacking trusts upon divorce and in maintenance matters are set out. Firstly, the nature of, the requirements for and the consequences of the remedy of declaring a trust ...

In the first part of this article certain problems with the adversarial system of litigation in family matters as highlighted by the South African Law Reform Commission in Issue Paper 31 of 2015 are investigated. Next, ...

On 1 July 2007 section 17 of the Children’s Act 38 of 2005 came into operation. It lowered the age of majority from 21 years to 18 years and brought our law into alignment with the notion in international human rights law ...

The decision of Swartbooi v Road Accident Fund dealt with a claim by a secondary victim (that is, a person who was not directly involved in the motor vehicle accident) for emotional shock. The legal question was whether a ...

South African law distinguishes between enrichment liens and debtor and creditor liens. The former are generally classified as real rights and the latter are not. This position is similar to the position in Dutch law ...

In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may ...