Tag Archivescustomary law
Antenuptial agreement

Customary Marriages and the Division of the Joint Estate

Introduction It is a common problem in South Africa, particularly in rural areas, that when spouses to a Customary Marriage institute divorce, the husband indicates an unwillingness to accept the division of the matrimonial property. In most cases, people separate informally without obtaining a divorce and this leads to them missing out on benefitting from […]

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3D printing

Customary Law and a Valid Executed Will

Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has evolved from the way of life and natural wants of the people, the general context of which was a […]

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Prescribed Debt

Customary Law of Succession – Women’s rights to inherit property

Traditionally, women have been denied rights to property under the South African Customary Law of Succession as women were under the guardianship of the male in the family and did not have the legal capacity to either own or acquire property. The customary rule was that succession is governed by the principle of male primogeniture, […]

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