scholarly journals POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Allen West ◽  
JC Bekker
Keyword(s):  
Ab Initio ◽  
Property Law ◽  
Property A ◽  
Real Right ◽  
The Public ◽  
Civil Marriage ◽  
Before And After ◽  
The Face ◽  
Matrimonial Property Law

The consequences of declaring a civil marriage entered into during the existence of a customary marriage or vice versa void could have nowhere been fully canvassed. On the face of it, it merely calls for a declaration of invalidity of the existing marriage, but it raises various ancillary issues which have not been addressed. We do not discuss the judgments declaring marriages void, but focus on the consequences of such judgments. For a variety of reasons it is important to determine whether a civil marriage, concluded subsequent to a customary marriage, is valid or ab initio void, or vice versa. To mention but one reason: “Where immovable property, a real right in immovable property, a bond or a notarial bond – (d) is registered in the name of a person who on the date of the registrationwas a party to a marriage governed by the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts,endorse the change in status or make a note of the effect that the said person is a party to a marriage in community of property, as the case may be” (S 17(4) of the Deeds Registries Act 47 of 1937). When a marriage is void, no consequences flow from it, except in so far as it may be deemed to be a putative marriage. Lawyers, officials and the public at large still do not seem to realize that interms of sections 2(1) and (2) of the Recognition of Customary Marriage Act (120 of 1998) customary marriages entered into before and after commencement of the Act are for all purposes recognized as marriages. The case of Netshituka v Netshituka (426/10 [2011] ZACSA 120 dated 2011-07-20) has now given clear direction as to the validity or non-validity of civil marriages concluded after the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. Also in Thembisile v Thembisile (2002 (2) SA 209 (T) par 32) Bertelsmann J held that a civil marriage contracted while the man was a partner in an existing customary marriage with another woman was void. The position of the validity of civil marriages, entered into prior to and after the said Amendment Act, will now be discussed.

From IRL (in-real-life) to URL: Capturing the art biennial amid COVID-19

2021 ◽  
Vol 8 (2-3) ◽  
pp. 291-311
Author(s):  
(Gwen) Kuan-ying Kuo
Keyword(s):  
Real Life ◽  
Art World ◽  
The Public ◽  
Global Pandemic ◽  
International Exhibitions ◽  
Art Scene ◽  
Before And After ◽  
The Face ◽  
The Taiwan Strait ◽  
Potential Shifts

In early 2020, the unforeseen COVID-19 has brought the art world to its knees, particularly the contemporary art scene needs viewers and feedback to survive. Artists require new channels connecting them with their audiences, while artists’ work needs to be seen and appreciated by the public to sustain its value. In the face of social distancing restrictions and limited visitors, however, many international exhibitions are forced to cancel or postponed. With less to no patronage, will the global pandemic bring the end of the art world? As the global pandemic has forced most social and cultural events moving online, the art biennials are no exception. This article examines the art biennial, the Olympics of the art world, to rediscover the meaning of ‘art’ before and after COVID-19. Integrating virtual presentation and digital campaign between the Taipei Biennial and the Shanghai Biennale, the first running art biennials across the Taiwan Strait, this article analyses and presents the art world’s potential shifts in the post-pandemic future.

The Relevance of Energy Service Contracts in the Budget Sphere

2018 ◽  
pp. 64-68
Author(s):  
George V. Boos ◽  
Elena Yu. Matveeva
Keyword(s):  
Public Sector ◽  
Institutional Development ◽  
The Public ◽  
Debt Burden ◽  
Comprehensive Plan ◽  
Effective Implementation ◽  
Service Contracts ◽  
The Face ◽  
Energy Service ◽  
The Russian Federation

The problematic aspects related to the implementation of energy saving policy in the budget sphere are examined in the article. The factors hindering the mass and effective implementation of energysaving measures are highlighted in the article. Among these factors, there is the technical complexity of energysaving projects, the presence of innovative and investment risks, problems with the financial provision of costs in the face of increasing debt burden in most public budgets. The article concludes that in these circumstances only the energy service contract is a tool that allows implementing energy­saving measures without the first participation of budgetary funds in financing and allows transferring the risks of making technically inefficient decisions directly to the investor. In the article, the authors substantiate the importance of the institutional development of energy services directly in the public sector and analyze the measures of the comprehensive plan to improve the energy efficiency of the economy of the Russian Federation aimed at expanding the scope of energy service contracts in the public sector.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

A Review Paper on Cloud Computing

2018 ◽  
Vol 8 (6) ◽  
pp. 17 ◽  
Author(s):  
Priyanshu Srivastava ◽  
Rizwan Khan
Keyword(s):  
Cloud Computing ◽  
Grid Computing ◽  
Review Paper ◽  
Computing Technology ◽  
Internet Infrastructure ◽  
Before And After ◽  
The Face

Today is the era of Cloud Computing Technology in IT Industries. Cloud computing which is based on Internet has the most powerful architecture of computation. It reckons in of a compilation of integrated and networked hardware, software and internet infrastructure. It has various avails atop grid computing and other computing. In this paper, I have given a brief of evaluation of cloud computing by reviewing more than 30 articles on cloud computing. The outcome of this review signalizes the face of the IT industries before and after the cloud computing.

The Challenges in Dealing with Organized Crime and its Consequences in Modern Societies in Albania, Kosovo and Macedonia – the Balkan Peninsula

2015 ◽  
Vol 5 (1) ◽  
pp. 161
Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti
Keyword(s):  
Organized Crime ◽  
Balkan Peninsula ◽  
Human Mind ◽  
Negative Consequences ◽  
The Public ◽  
Before And After ◽  
History Of ◽  
European Standards ◽  
Organized Crime Groups ◽  
Further Development

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.

Agents of Practice at the Public Library’s Reference Desk

2013 ◽  
Author(s):  
Mary Cavanagh
Keyword(s):  
Public Libraries ◽  
Face To Face ◽  
Professional Boundaries ◽  
The Public ◽  
Reference Librarians ◽  
Practice Perspective ◽  
The Face ◽  
Reference Et

The face to face interactions of reference librarians and reference assistants are studied from a theoretical practice perspective. Rather than reinforcing professional boundaries, the results of this analysis support reference practice in public libraries as a highly relational activity where reference “expertise” retains a significant subjectivist, relational dimension.Les interventions en personne des bibliothèques de référence et des adjoints à la référence sont étudiées du point de vue de la pratique théorique. Plutôt que de renforcer les frontières interprofessionnelles, les résultats de cette analyse appuient l'idée que les pratiques de référence en milieu public sont des activités hautement relationnelles où l'expertise de la référence conserve une dimension subjectiviste et relationnelle. 

Real Earnings Management before and after Reporting SOX 404 Material Weaknesses

2015 ◽  
Vol 30 (1) ◽  
pp. 119-141 ◽  
Author(s):  
Tuukka Järvinen ◽  
Emma-Riikka Myllymäki
Keyword(s):  
Earnings Management ◽  
Internal Control ◽  
Internal Controls ◽  
Real Earnings Management ◽  
Public Disclosure ◽  
High Quality ◽  
The Public ◽  
Material Weaknesses ◽  
Internal Control System ◽  
Before And After

SYNOPSIS The purpose of this study is to investigate whether SOX Section 404 material weaknesses manifest in real earnings management behavior. The empirical findings indicate that, compared to companies with effective internal controls, companies with existing material weaknesses in their internal controls engage in more manipulation of real activities (particularly inventory overproduction). This implies that the weak commitment by management to provide effective internal control system and high-quality financial information relates to a tendency to use real earnings management methods. Moreover, we find evidence suggesting that companies employ real earnings management (overproduction and reduction of discretionary expenses) after disclosing previous year's material weaknesses. We conjecture that the public disclosure of material weaknesses induces management to strive to mitigate the expected negative reactions of stakeholders to the disclosure by engaging in real earnings management, which is not easily detected or constrained by outsiders. Overall, this study suggests that material weaknesses in internal controls signal an environment where management is more inclined to employ real earnings management.

The New Economic Populism and the Future of Inequality in the United States

2017 ◽  
Author(s):  
William W. Franko ◽  
Christopher Witko
Keyword(s):  
United States ◽  
Federal Government ◽  
Labor Unions ◽  
Republican Party ◽  
The United States ◽  
The Public ◽  
Empirical Results ◽  
Income Disparities ◽  
The Face ◽  
Over Time

The authors conclude the book by recapping their arguments and empirical results, and discussing the possibilities for the “new economic populism” to promote egalitarian economic outcomes in the face of continuing gridlock and the dominance of Washington, DC’s policymaking institutions by business and the wealthy, and a conservative Republican Party. Many states are actually addressing inequality now, and these policies are working. Admittedly, many states also continue to embrace the policies that have contributed to growing inequality, such as tax cuts for the wealthy or attempting to weaken labor unions. But as the public grows more concerned about inequality, the authors argue, policies that help to address these income disparities will become more popular, and policies that exacerbate inequality will become less so. Over time, if history is a guide, more egalitarian policies will spread across the states, and ultimately to the federal government.

Financial Crises and the Public Discourse on Financial Elites

2018 ◽  
Author(s):  
Youssef Cassis ◽  
Giuseppe Telesca
Keyword(s):  
Great Depression ◽  
Great Recession ◽  
Public Discourse ◽  
Codes Of Conduct ◽  
The Public ◽  
The Great Recession ◽  
The Great Depression ◽  
Early Twenty ◽  
Before And After ◽  
Late Twentieth

Why were elite bankers and financiers demoted from ‘masters’ to ‘servants’ of society after the Great Depression, a crisis to which they contributed only marginally? Why do they seem to have got away with the recent crisis, in spite of their palpable responsibilities in triggering the Great Recession? This chapter provides an analysis of the differences between the bankers of the Great Depression and their colleagues of the late twentieth/early twenty-first century—regarding their position within, and attitude towards the firm, work culture, mental models, and codes of conduct—complemented with a scrutiny of the public discourse on bankers and financiers before and after the two crises. The authors argue that the (relative) mildness of the Great Recession, compared to the Great Depression, has contributed to preserve elite bankers’ and financiers’ status, income, wealth, and influence. Yet, the long-term consequences of their loss of reputational capital are difficult to assess.

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