oa Comparative and International Law Journal of Southern Africa - Limping marriages in the new South Africa?
|Article Title||Limping marriages in the new South Africa?|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Law, University of Bophuthatswana|
|Publication Date||Jul 1991|
|Pages||215 - 225|
|Keyword(s)||Apartheid system, Choice-of-law, Inter-territorial marriages, Marriages, National states, Polygamy, Self-governing territories, Separate development, South Africa, TBVCSA National States Constitution Act and Territorial separation|
In this article he author first states what he considers the principal choice-of-Iaw problem presented by inter-territorial marriages in the TBVCSA and national states context in South Africa. He then gives a brief comparative analysis of the conflict rule applicable for choosing the appropriate legal system for testing whether the legal relationship between a man and a woman amounts to a marriage; lastly he suggests that courts will not achieve socially desirable results if they follow the South African rule in its then context in the new South Africa, and that another, and more flexible, approach ought to be adopted.
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