oa Comparative and International Law Journal of Southern Africa - Towards the recognition of filial consortium



The historical development with regard to the marital power exercised by a husband no longer subject to the legal pressure of a family group as he originally was, serves to underscore a point recently made that "material equality" does not necessarily follow upon "ideological equality". Perhaps the time has come for the legal ordering and protection of relationships within the family to be determined from a different perspective. While the right to family life is fundamental and is recognised as such by our common law, the importance of stable family life hardly needs stressing. The need for a theoretical approach to family law has been highlighted and it might be fruitful with a view to possible future legal development, to consider the concept of a consortium of familial rights. The idea of a conjugal consortium, freely used in our case law, more especially for interference with the marriage relationship in cases of adultery and enticement, has also been the subject of various legal writings in South Africa.


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