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LH v ZH 2022 (1) SA 384 (SCA) Should section 18(a) of Matrimonial Property Act 88 of 1984 apply to all spouses in a marriage in community of property, irrespective of when the non-patrimonial damages were received?

De Jure, 2023-01, Vol.56 (1), p.77-85 [Peer Reviewed Journal]

This work is licensed under a Creative Commons Attribution 4.0 International License. ;ISSN: 2225-7160 ;ISSN: 1466-3597 ;EISSN: 2225-7160 ;DOI: 10.17159/2225-7160/2023/v56a6

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  • Title:
    LH v ZH 2022 (1) SA 384 (SCA) Should section 18(a) of Matrimonial Property Act 88 of 1984 apply to all spouses in a marriage in community of property, irrespective of when the non-patrimonial damages were received?
  • Author: Monareng, Kathleen Nthabiseng
  • Subjects: Law
  • Is Part Of: De Jure, 2023-01, Vol.56 (1), p.77-85
  • Description: Should section 18(a) of Matrimonial Property Act 88 of 1984 apply to all spouses in a marriage in community of property, irrespective of when the non-patrimonial damages were received? South Africa has three statutes that regulate marriages, namely the Marriage Act 25 of 1961 which regulates monogamous civil marriages that are entered into by spouses of the opposite sex, irrespective of their race; the Recognition of Customary Marriages Act 120 of 1998 which regulates monogamous and polygynous customary marriages entered into by South African black spouses, and lastly the Civil Union Act 17 of 2006 which regulates monogamous unions between spouses of the same sex or opposite sex, irrespective of their race, and the unions are registered either as a marriage or a civil partnership.
  • Publisher: University of Pretoria
  • Language: English;Portuguese;Afrikaans
  • Identifier: ISSN: 2225-7160
    ISSN: 1466-3597
    EISSN: 2225-7160
    DOI: 10.17159/2225-7160/2023/v56a6
  • Source: Sabinet African Journals Open Access Collection
    SciELO
    TestCollectionTL3OpenAccess
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