In Joint Matrimony We Share: Controlling the Powers to Use the Trust to Limit Matrimonial Property Rights in South African Law

2021 ◽  
Vol 33 (1) ◽  
pp. 89-111
Author(s):  
Aubrey Manthwa ◽  
Paul Nkoane
Keyword(s):  
Property Rights ◽  
South African ◽  
Common Good ◽  
Third Parties ◽  
Robust Approach ◽  
The Common Good ◽  
Recent Developments ◽  
The Common ◽  
The Law

The deceitful use of trusts has created a fair amount of controversy, specifically where it has appeared that a trust has been employed to limit the rights of third parties. This article argues that it is in the interests of the law to ensure that rights are vindicated when unlawfully limited. Similarly, it is in the interest of the common good that legitimately acquired rights are protected. Trust laws state that there must be a separation between control and enjoyment and, in cases where there is no separation, the courts may scrutinise the affairs of a trust. Recent developments have illustrated that measures that provide relief to spouses upon the dissolution of the marriage may not be readily invoked, especially for marriages in community of property. Family trusts have provided spouses with avenues for hiding assets that would otherwise fall into the joint estate. Courts need to adopt a robust approach when dealing with trust assets upon the dissolution of a marriage, particularly to protect the rights of competing spouses.

scholarly journals Social cohesion and social capital: Possible implications for the common good

2014 ◽  
Vol 35 (3) ◽  
Author(s):  
Anita Cloete
Keyword(s):  
Social Capital ◽  
South African ◽  
Social Cohesion ◽  
Common Good ◽  
Specific Reference ◽  
The Common Good ◽  
Bridging Social Capital ◽  
African Context ◽  
The Common

The main objective of the article is to identify the possible implications of social cohesion and social capital for the common good. In order to reach this overarching aim the following structure will be utilised. The first part explores the conceptual understanding of socialcohesion and social capital in order to establish how these concepts are related and how they could possibly inform each other. The contextual nature of social cohesion and social capital is briefly reflected upon, with specific reference to the South African context. The contribution of religious capital in the formation of social capital is explored in the last section of the article. The article could be viewed as mainly conceptual and explorative in nature in order to draw some conclusions about the common good of social capital and social cohesion.Intradisciplinary and/or interdisciplinary implications: This article contributes to the interdisciplinary discourse on social cohesion with specific reference to the role of congregations. It provides a critical reflection on the role of congregations with regard to bonding and bridging social capital. The contextual nature of social cohesion is also addressed with specific reference to South Africa.

scholarly journals KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

2019 ◽  
Vol 10 (2) ◽  
pp. 109-121
Author(s):  
Bukhari Bukhari
Keyword(s):  
Everyday Life ◽  
Common Good ◽  
Female Side ◽  
The Common Good ◽  
Bargaining Position ◽  
The Common ◽  
The Law

The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.

Climate Change and the Common Good: Some Reflections from the South African Context

2010 ◽  
Vol 4 (3) ◽  
pp. 271-293 ◽  
Author(s):  
Ernst M. Conradie
Keyword(s):  
Climate Change ◽  
South African ◽  
Common Good ◽  
Point Of View ◽  
The Common Good ◽  
Theological Discourse ◽  
African Context ◽  
The Common ◽  
Christian Discourse ◽  
Selection Of

AbstractThis article is based on the observation that any theological discourse is always from a particular location and a particular point of view, which is immediately recognized by others. At the same time, any (theological) discourse cannot escape the use of universals, of common categories that we need to communicate with others. We make constructions of the whole, of that which is common, albeit that we ineluctably make particular constructions of the whole. This poses particular challenges for discourse on the common good in the context of public theology. On this basis the article investigates a selection of ecclesial statements on climate change produced during the course of the year 2009 alone that are available in English. It focuses on how these statements handle the dilemma of speaking about the universal and the particular, given the moral ambiguities surrounding any Christian discourse on climate change. It argues that most of these documents are plagued with problems of reception; namely, whether the stipulated addressees would actually receive and read the documents, let alone respond to them appropriately.

Property Rights and the Common Good

2006 ◽  
Vol 36 (5) ◽  
pp. 10-11 ◽  
Author(s):  
Larry O. (Larry Ogalthorpe) Gostin
Keyword(s):  
Property Rights ◽  
Common Good ◽  
The Common Good ◽  
The Common

scholarly journals Relevansi Penerapan ‘Iddah di Era Teknologi Modern

2018 ◽  
Vol 10 (1) ◽  
pp. 121-142
Author(s):  
Nurnazli Nurnazli
Keyword(s):  
Common Good ◽  
Science And Technology ◽  
Men And Women ◽  
The Common Good ◽  
Marriage Ceremony ◽  
The Common ◽  
The Law ◽  
Higher Purpose

The development of science and technology today is not a reason to remove the provisions about ‘iddah that has been set in the Qur'an and Sunnah. 'Illat law and the purpose of enactment of ‘iddah which has been discussed needs to be reviewed. ‘iddah not only to know the empty uterus of the fetus, self-introspection, condition and period of mourning, but there is a higher purpose, that is belief in Allah and honor the noble covenant at the marriage ceremony. The noble agreement is realized in the ijâb and qabûl between men and women guardians. Consequently, if the marriage breaks up either because of death or divorce, both sides must respect the agreement. They must be equally restricted with the ‘iddah way until the time set by Syar'i, especially for women whose existence is more glorified and also the aim of the law' ‘iddah is for the common good.

Between Scylla and Charybdis

2017 ◽  
Author(s):  
Pia Valenzuela
Keyword(s):  
Property Rights ◽  
Natural Law ◽  
Political Thought ◽  
Common Good ◽  
Political Issues ◽  
The Common Good ◽  
Political Ideas ◽  
Political Conflicts ◽  
The Common ◽  
Ius Gentium

In the process of secularization of legal institutions, the thirteenth century—with all its political conflicts between emperors and popes—is relevant to understand the evolution of those institutions in modernity. Contextualized in that period, this chapter shows the importance of Aquinas’s line of thought about the common good, law, and right in this process. In general, the context of Aquinas’s era and his personal circumstances were characterized by tensions between two perilous alternatives, the imperial and the papal power. Because of this, Aquinas was cautious to express his opinion in specific political issues of the time. This chapter argues that, in spite of Aquinas’s caution in putting forward his political ideas, the essence of his political thought and his opposition to the theocratic theory of government could be inferred also from his notions of natural law and ius gentium, in which he addressed the basic issues of property rights and slavery.

11. Why obey the law?

2020 ◽  
pp. 325-331
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Claims ◽  
The Common ◽  
The Law

Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.

scholarly journals A terra como bem-comum na memória do Direito brasileiro

2018 ◽  
Vol 42 (1) ◽  
pp. 11-31
Author(s):  
Sandra Regina Martini ◽  
Vanessa Chiari Gonçalves ◽  
Bárbara Bruna de Oliveira Simões
Keyword(s):  
Social Movements ◽  
Common Good ◽  
Political Systems ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Law ◽  
The Right

 O artigo trata da terra,  memória e direito com o objetivo de reconsiderar a terra como bem comum da humanidade, as referências jurídico políticas e sociais utilizadas são as brasileiras até a década de 80, pois entendemos que a nova Constituição embora apresente avanços significativos, não é suficiente para enfrentar a complexidade do direito ao bem comum terra. O direito precisa retomar a memória para cumprir sua função de evitar e compor conflitos, ou seja, o direito tem uma função preventiva, deve operar prevenindo e compondo conflitos advindos das mais diversas instâncias, em especial, neste artigo, dos Movimentos Sociais, sem os quais não é possível pensar na terra como bem da comunidade, pois são os movimentos sociais que trazem para o cenário jurídico-político a conflitualidade da sociedade, por isso são sistemas autoreferenciais de comunicação, que se inserem nos sistemas jurídico e político como reação da própria sociedade diferenciada funcionalmente. Assim, constrói-se a ideia de terra como um bem comum da humanidade, passando pela cooperação entre o local e o global. Abstract The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.  

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