Study Unit 2 - Lecture 2 Flashcards
(10 cards)
What does the Recognition of Customary Marriages Act 120 of 1998 do?
Grants full legal recognition to customary marriages, including polygynous ones.
What is a betrothal in customary law?
A legal agreement between families anticipating a future marriage.
Is betrothal enforceable?
No, either party can withdraw at any time.
What are the three ways a betrothal may end?
Death, mutual agreement, or unilateral termination.
What happens if betrothal ends by death?
Marriage goods are returned unless the man caused the woman’s death.
What is “knocking on the door”?
A custom marking the start of lobolo negotiations.
What property distinction exists in polygynous households?
House property vs general property.
Why can’t houses sue each other?
Because the husband is head of all houses and can’t sue himself.
How is betrothal viewed in modern law?
A contract between individuals, not families.
What affects modern family structure in customary law?
Urbanisation and economic change.
