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Marital Power
In civil law jurisdictions, marital power (, , ) was a doctrine in terms of which a wife was legally an '' incapax'' under the usufructory tutorship (''tutela usufructuaria'') of her husband. The marital power included the power of the husband to administer both his wife's separate property and their community property. A wife was not able to leave a will, enter into a contract, or sue or be sued, in her own name or without the permission of her husband. It is very similar to the doctrine of coverture in the English common law, as well as to the Head and Master law property laws. Historical origins The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the ''manus'' (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or master of all persons and owner of all property in a famil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Botswana
Botswana, officially the Republic of Botswana, is a landlocked country in Southern Africa. Botswana is topographically flat, with approximately 70 percent of its territory part of the Kalahari Desert. It is bordered by South Africa to the south and southeast, Namibia to the west and north, Zambia to the north, and Zimbabwe to the northeast. With a population of slightly over 2.4 million people and a comparable land area to France, Botswana is one of the List of countries and dependencies by population density, most sparsely populated countries in the world. It is essentially the nation-state of the Tswana people, who constitute nearly 80 percent of the population. The Tswana ethnic group are descended mainly from Bantu peoples, Bantu-speaking peoples who Bantu expansion, migrated into southern Africa, including modern Botswana, in several waves before AD 600. In 1885, the British Empire, British colonised the area and declared a protectorate named Bechuanaland. As part of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Family Law
South African family law is concerned with those law, legal rules in Law of South Africa, South Africa which pertain to family, familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, legal guardian, guardians (and other holders of Parental responsibility (access and custody), parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity." Subdivisions There are various branches of family law, among them * the law of engagement; * marriage law, matrimonial law and the law of civil unions; * matrimonial regime, matrimonial property law; * the law of divorce; and * the child custody, law of parenting. Marriage Marriage is the act by which a marriage relationship is formed, and which defines the relationship creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Bar
A marriage bar is the practice of restricting the employment of married women. Common in English-speaking countries from the late 19th century to the 1970s, the practice often called for the termination of the employment of a woman on her marriage, especially in teaching and clerical occupations. Further, widowed women with children were still considered to be married at times, preventing them from being hired, as well. The practice lacked an economic justification, and its rigid application was often disruptive to workplaces. However, marriage bars were widely relaxed in wartime due to an increase in the demand for labor. Research carried out by Claudia Goldin to explore their determinants using firm-level data from 1931 and 1940, find out that they are associated with promotion from within, tenure-based salaries, and other modern personnel practices. Since the 1960s, the practice has widely been regarded as employment inequality and sexual discrimination, and has been either ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron And Feme
In English law, baron and feme is a phrase used for :husband and :wife, in relation to each other, who were accounted as one person by coverture. Hence, by the old law of evidence, the one party was excluded from giving evidence for or against the other in civil questions, and a relic of this is still preserved in criminal law. Heraldry In heraldry, baron and femme are terms denoting the two-halves of an heraldic escutcheon used when the coat of arms of a man and the paternal arms of his wife are impaled (or anciently dimidiated), that is borne ''per pale'' within the same escutcheon. The position of the husband's arms, on the dexter side (to viewer's ''left''), the position of honour, is referred to as baron whilst the paternal arms of the wife are shown in sinister, referred to as femme. The resultant shield is used by the husband, as in general females are not entitled to display heraldry, unless ''suo jure'' peeresses. This is the normal way of displaying the arms of a mar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of Provinces of the Netherlands, twelve provinces; it borders Germany to the east and Belgium to the south, with a North Sea coastline to the north and west. It shares Maritime boundary, maritime borders with the United Kingdom, Germany, and Belgium. The official language is Dutch language, Dutch, with West Frisian language, West Frisian as a secondary official language in the province of Friesland. Dutch, English_language, English, and Papiamento are official in the Caribbean Netherlands, Caribbean territories. The people who are from the Netherlands is often referred to as Dutch people, Dutch Ethnicity, Ethnicity group, not to be confused by the language. ''Netherlands'' literally means "lower countries" i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transkei High Court
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Gqeberha, Bhisho and Mthatha, as well as a circuit court in East London. the Judge President of the division is Selby Mbenenge. History A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the Supreme Court of South Africa. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transkei
Transkei ( , meaning ''the area beyond Great Kei River, [the river] Kei''), officially the Republic of Transkei (), was an list of historical unrecognized states and dependencies, unrecognised state in the southeastern region of South Africa from 1976 to 1994. It was, along with Ciskei, a Bantustan for the Xhosa people, and operated as a nominally independent parliamentary democracy. Its capital was Mthatha, Umtata (renamed Mthatha in 2004). Transkei represented a significant precedent and historic turning point in South Africa's policy of apartheid and "separate development"; it was the first of four territories to be declared independence, independent of South Africa. Throughout its existence, it remained an internationally unrecognised, diplomatically isolated, politically unstable ''de facto'' one-party state, which at one point broke relations with South Africa, the only country that acknowledged it as a legal entity. In 1994, it was reintegrated into its larger neighbour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law In South Africa
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules as well as gender Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bantu Peoples In South Africa
Bantu speaking people are the majority ethno-racial group in South Africa. They are descendants of Southern Bantu-speaking peoples who settled in South Africa during the Bantu expansion. They are referred to in various census as ''blacks'', or ''Native Africans''. History Early history Archaeological evidence suggests that ''Human, Homo sapiens'' inhabited the region for over 100,000 years, with sedentary agriculture occurring since at least 100 CE. Based on prehistorical archaeological evidence of pastoralism and farming in southern Africa, the settlements in sites located in the southernmost region of modern Mozambique established around are some of the oldest and most proximate pieces of archaeological evidence related to the South African Bantu-speaking peoples. Ancient settlements remains found thus far similarly based on pastoralism and farming within South Africa were dated . Around 1220, the Kingdom of Mapungubwe formed in the Shashe River, Shashe-Limpopo River, Limpo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: Louisiana State University Press, 1981) he chaired many of the commission's plenary sessions, and his support was crucial to its enactment. The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlantic, North Atlantic, the French West Indies, and List of islands of France, many islands in Oceania and the Indian Ocean, giving it Exclusive economic zone of France, one of the largest discontiguous exclusive economic zones in the world. Metropolitan France shares borders with Belgium and Luxembourg to the north; Germany to the northeast; Switzerland to the east; Italy and Monaco to the southeast; Andorra and Spain to the south; and a maritime border with the United Kingdom to the northwest. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea. Its Regions of France, eighteen integral regions—five of which are overseas—span a combined area of and hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
