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On the Conflict and Resolution of South Africa Customary Marriage Law

Author: ShenZuo
Tutor: HongYongHong
School: Xiangtan University
Course: International law
Keywords: South Africa Habits Marriage Law Conflict Into a cultural
CLC: DD913.9
Type: Master's thesis
Year: 2010
Downloads: 57
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Abstract

South African customary law as the inherent Law, South Africa is the customs and practices followed by the South African indigenous tribal peoples. The law is part of their national culture, existed as early as before the arrival of European settlers, it deeply affects the daily lives of the tribal people, which, in the context of marriage was particularly prominent. With the evolution of the South African society, South African customary law to be rooted in the social soil change, the deficiencies in the system of marriage gradually prominent, causing its difficult to adapt to the needs of social development, and hinder the process of modernization. Specifically, the conflict in South Africa habits Marriage Law suffered major internal conflict and external conflict. The internal conflict main conflict of the conflict as a form of marriage and bride price. South Africa habit marriage exists in a variety of forms of marriage, such as monogamy, polygamy, and continued to marry husband brother married and continued wife sisters married, these forms of marriage due to economic factors and impact, and thus affect the spouse voluntary marriage principles; The bridewealth conflict is reflected in the type and quantity: type, both livestock-based payment, payment in money based, two different type of bride price is likely to cause the dissolution of marriage, bride price the return of legal issues; numbers, the bride price to the amount involved in the problems of women in the status of marriage. The external conflict is embodied in the South African Customary Marriage Law and the common law applicable. Important as the history of South African law, a foreign law in common law, is British colonial rule process transplanted to Africa's legal achievements and habits Marriage Law in South Africa, married to the principal, the validity of a marriage, jurisdiction, distribution of property and means of implementation and so there is a huge difference. Due to the lack of a clear choice of law rules for guidance, resulting when the two legal systems applicable, the individuals in the administration of justice activities uncertainty rights vulnerable to damage. Internal and external conflicts, solve the the customary Marriage Law in South Africa to prevent the common-law marriage in South Africa from the practice of modern society and basic human rights, and to comply with the spirit as well as the goals advocated by South Africa's new Constitution on the principle of equality and the Universal Declaration of Human Rights \began to mention the recognition of customary law marriage matters on the agenda, into culture. 1998 South African customary marriages recognize the promulgation and implementation of the law \The substantive requirements and procedural elements of customary law marriage specialized modifications and requirements that all marriages concluded under customary law in South Africa can be registered under the Act and to be recognized.

On the Conflict and Resolution of South Africa Customary Marriage Law

Abstract

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