User:Rechtstaat/South African law of succession

South African law of succession is that law of South Africa which deals with the devolution of the estate of deceased persons. South Africa has a pluralistic legal system; the laws of succession are therefore comprised of Roman-Dutch law, African indigenous law and statutory law, all of which are influenced by the supreme South African Constitution.

The law of succession consists of two parallel, but not exclusive, systems for dealing with the devolution of a deceased's estate. The default legal system applies only to non-black South Africans, and to those indigenous black persons wishing to be subject to it; and the African customary law system applies where there is no will, to those indigenous black South Africans who's way of life accords with traditional African customary law. Indigenous black South Africans may also choose to enforce African traditions via their wills, however.

The default law of succession

This "Western" system is the default legal system for resolving devolution of estates in South Africa. It's foundations are in civil, Roman-Dutch law which has been supplemented and improved upon by statutory law.

Roman-Dutch law influence

The Roman-Dutch legal system was brought to South Africa by the French Huguenots, the predecessors of the Afrikaners, when they migrated to South Africa. It was applied "as-is" until the British took over, at which point Roman-Dutch law was still applied but was interpreted via English methods of interpretation, because of a ruling of judge. The ruling was strange in that it is well-known that English colonies were allowed to make use of their own legal rules - English law was not imposed on colonies.

Significant contributions

Nasciturus fiction

nasciturus

Usufruct

usufruct

Wills and codicils

will codicil

Statutory law influence

List of Acts

Significant contributions

Statutory law was at first used to codify Roman-Dutch principles and then to supplement and improve the law's position on succession as hitherto unanticipated (by Roman-Dutch law) problems were encountered. Allowed for development of law in pace with the (white) South African community's morals.

Codification of Roman-Dutch law principles

list of acts

Criticism

? research

African customary law of succession

primogeniture

Criticism

unconsitutional list cases

The South African Constitution, and conflict between the "Western" and African customary law systems for inheritance

Historical underpinnings of Constitution

traditional black South Africans supported ANC with proviso that they be given support, constitutionally much of the conflict between traditional values and constitution are difficult to resolve because of this - primogeniture is part of African tradition

Clauses of the South African Constitution

equality, right to practice culture, freedom of religion

Case law

bhe and others v ... and others

External links

• example.com