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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Here's to you, Mrs Robinson': peculiarities and paragraph 29 in determining the treatment of domestic partnerships
Author:Kruuse, HelenISNI
Year:2009
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:25
Issue:2
Pages:380-391
Language:English
Geographic term:South Africa
Subjects:marriage law
law of inheritance
jurisprudence
cohabitation
External link:https://doi.org/10.1080/19962126.2009.11865207
Abstract:The piecemeal development in South Africa of ways to protect partnerships outside the institution of marriage has led to a peculiar state of affairs for umarried opposite-sex life partnerships. The author considers the current treatment of opposite-sex life partnerships outside of marriage in terms of the Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006. She does this by comparing the treatment of same-sex life partnerships where no marriage or civil partnership is entered into in the context of intestate succession. Relevant jurisprudence derives from Gory v Kolver & Others, notably paragraph 29, and Volks v Robinson. Differential treatment of unmarried same-sex couples and unmarried heterosexual couples undermines the right to equal protection and benefit of the law. In seeking a way in which to ameliorate the effects of such treatment, the author suggests softening the doctrine of stare decisis and challenging the precedent-setting nature of Volks v Robinson in situations where unmarried opposite-sex life partners are left out in the cold, especially women in long-standing life-partnerships. Notes, ref. [ASC Leiden abstract]
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