Onlangse verbeteringe in die regsposisie van die getroude vrou in Suid-Afrika enkele verwysings na die erf- en familiereg

Abstract

In this thesis only certain aspects of positive law have been highlighted and it can subsequently not be regarded as a detailed report of recent improvements in the legal position of the married woman in South Africa. From the instances and facts discussed, it is clear that a great improvement came about in the legal position of women during the last decade or so. These improvements concern her person and state of independence for example the abolition of marital power; her standard of living as a result of the improved position of the uncared for surviving spouse; financial and material benefits such as the amendment of intestate succesion; advantages in having a wider selection of matrimonial property systems; the redistribution discretion of the court; heavier penalties for non-payment of maintenance, etcetera. There is still discrimination against women in approximately 23 statutes where distinction is still made between man and woman. These statutes deal mainly with labour law and more and more representations are being made to bring about legal equality between man and woman. It is safe to say that the subordinate and dependent position of women in south Africa has improved more over the last decade than during the previous 100 years.