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
Elsje Bonthuys, Developing the Common Law of Breach of Promise and Universal Partnerships: Rights to Property Sharing for All Cohabitants, 132 S. African L.J. 76 (2015)