Developing the Common Law of Breach of Promise and Universal Partnerships: Rights to Property Sharing for All Cohabitants

Date
2015
Authors
Bonthuys, Elsje
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
The Constitutional Court's 2005 judgment in Volks NO v Robinson' has been widely regarded as a setback for the extension of legal rights to opposite-sex cohabitants. The majority of the court held that an unmarried opposite-sex cohabitant is not a spouse under the Maintenance of Surviving Spouses Act 27 of 1990.2 According to Smith, this judgment 'effectively put paid to the judicial extension of matrimonial law to unmarried opposite-sex cohabiting life partners'.
Description
Keywords
Cohabitants , Common Law , Universal partnerships , Life partnership , Property sharing , Breach of promise , Engagements , Opposite-sex
Citation
Bonthuys,E.2015.Developing the Common Law of Breach of Promise and Universal Partnerships: Rights to Property Sharing for All Cohabitants.South African Law Journal.132.pp.76-99.