The Male Primogeniture Rule

The Male Primogeniture Rule is a customary law which states that only the elder legitimate son can inherit the deceased estate in exclusion of the other siblings. A large number of South Africans live in terms of customary law rules and they see them as being legally...

Forfeiture of Patrimonial Benefits

Forfeiture of patrimonial benefits is legislated by Section 9(1) of the Divorce Act 70 of 1979 (herein after “the Act”). Section 9(1) of the Act states: “(1) When a decree of divorce is granted on the ground of the irretrievable break-down of marriage the court may...

What is a Default Judgment?

Default Judgment is a judgment entered against a party who has failed to defend an action which has been brought against them.   In a legal action by a way of summons, there are two parties: The Plaintiff- the one who institutes the proceedings. The Defendant- the one...