Now showing items 1-4 of 4
The constitutional family in the Law of Succession
(Juta Law, 2009)
This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ...
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)
This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ...
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ...
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ...