n Tydskrif vir die Suid-Afrikaanse Reg - Grense aan kontrakvryheid vir eggenote én voornemende eggenote? (deel 2)

Abstract

Limitations to the dispositive competence of spouses to agree to the terms of their settlement or variations to their antenuptial agreement

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Recognition of party autonomy is of paramount importance if a society is premised on a recognition of the constitutionally guaranteed right to freedom of expression, which entails the duty to accept the burdens of the consequences of that freedom of choice. This principle had lately been recognised by the privy council: "We must assume that each party to a properly negotiated agreement is a grown up and able to look after him or herself' (MacLeod v MacLeod 2009 1 All ER 851 869).