Topic 2 Flashcards
(15 cards)
1
Q
Vesting
A
Harris
2
Q
Male primogeniture
A
Bhe
3
Q
Muslim Marriages
A
- Daniels
- Hassam
4
Q
Hindu Marriages
A
Govender
5
Q
Heterosexual
A
- Volks
- Bwanya
6
Q
Same-sex
A
- Gory
- Laubscher
7
Q
Harris
A
- Question of when intestacy takes place
- Vests on the day it firs became factually certain that their will became inoperative
- Intestate heirs are thus determined on the day intestacy occurs
8
Q
Bhe
A
- Challanges of male primogeniture in African Customary Law of Succession
- Declared unconstitutional under S9(3) of the Constitution
- Extended to include woman under African Customary Law of Succession
9
Q
Daniels
A
CC exrended the meaning of the term “Spouse” to include monogamous Muslim marriages for purposes od S1 of the Intestate Succession Act
10
Q
Hassam
A
CC extended the principle in Daniels to include polygynous Muslim marriages
11
Q
Govender
A
Extended term “Spouse” to include surviving partner of a monogamous Hindu Marriage ito S1 of the Intestate Succession Act
12
Q
Gory
A
Extended meaning of “spouse” to include partners in a permament same-sex life partnership in which partners have undertaken reciprocal duties of support
13
Q
Laubscher
A
- Never solemnized same-sex permanent partnership under Civil Union Act
- Reconfirmed that these same-sex partners will still enjoy the benefit as stated in Gory
14
Q
Volks
A
- Permanent life partnership between heterosexual couple
- Refused to extend the word “survivor” as used in S2(1) of the Maintenance of Surviving Spouses act
- Since they had the capacity to marry
15
Q
Bwanya
A
Extended S1 of the Intestate Succession Act to include heterosexual life partnerships as “spouses”
