n Without Prejudice - The last of adultery in South African law? : the law
|Article Title||The last of adultery in South African law? : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Sibusiso B. Radebe|
|Publication Date||Aug 2015|
|Pages||66 - 67|
A civil claim for damages for adultery by the innocent spouse against the third party has been part of South African law as far back as 88 years ago, until recently. This claim was based on the action iniuriarum or a general remedy for the infringement of personality rights. This remedy is directed at protecting plaintiffs against wrongful and intentional infringement of personality rights and allows for the recovery of damages. The personality rights protected by this action are bodily integrity (corpus), dignity (dignitas) and reputation (fama) as derived from Roman-Dutch-Law. The damages claim in this context is essentially for loss of the benefits of family and disrespect.
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