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Periodical article | Leiden University catalogue | WorldCat |
Title: | Requirements for Validity of Customary Marriages |
Author: | Bekker, J.C. |
Year: | 2001 |
Periodical: | South African Journal of Ethnology |
Volume: | 24 |
Issue: | 2 |
Pages: | 41-47 |
Language: | English |
Geographic term: | South Africa |
Subjects: | customary law family law marriage law Peoples of Africa (Ethnic Groups) Women's Issues Law, Human Rights and Violence |
Abstract: | South Africa's Recognition of Customary Marriages Act 120 of 1998 recognizes customary marriages. It specifies some requirements for valid customary marriages, but the test for the recognition is also whether they are valid in terms of indigenous law. This article deals with the characteristics of a customary marriage, customary marriages existing at the commencement of the Act and those entered into after the commencement of the Act, the question of whether the requirements for a valid customary marriage have been met (proof of facts) and the consequences of non-compliance with requirements. The Act does not merely recognize customary marriages, it drastically changes the institution to bring it in line with common law marriages. This is the subject of a second, brief article by the author (p. 48-50). Bibliogr., sum. in Afrikaans and English. |