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Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.

Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.

Features

  • The second edition is thoroughly updated, to reflect issues and legal developments within the recent period, and includes diverse contributions that enrich scholarship.
  • The second edition reflects a more integral and expanded synthesis of common law and African customary law, throughout.
  • The text offers a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children.
  • The text includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction.
  • Where relevant, legal ethics, social justice, problem solving, and comparative aspects of law are foregrounded, at the appropriate level.
  • The text's unique pedagogical design strengthens the development of readers' skills in critical and reflective engagement with the subject matter.
  • To support educational outcomes, teaching and learning material is enriched and expanded.

Part A Introduction
1Introduction
Part B Types of unions
Section 1 Civil Marriages
2Engagement
3Marriage
4The personal consequences of marriage
5Patrimonial consequences of marriage: general introduction
6Marriage in community of property
7Marriage out of community of property
8The dissolution of a marriage
9Personal consequences of divorce, spousal maintenance and children
10Patrimonial consequences of divorce
Section 2 Other Unions
11Civil unions
12Customary marriages
13Religious marriages
14The legal position of life partners in South Africa
Part C Children
15Parental responsibilities and rights
16International child abduction
17Adoption
18Inter-country adoption
19Surrogate motherhood
20Foster care
21Customary law rights, responsibilities and rituals relating to children
Part D Family Law in Practice
22Family law in practice: courts, mediation, maintenance, and domestic violence
  • Family Law in South Africa 2e



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