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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Muddling in the Quicksands of Tradition and Custom and Skating Down the Slippery Slopes of Modernity: The Reform of Marriage and Inheritance Laws in Zimbabwe
Author:Ncube, WelshmanISNI
Periodical:The Zimbabwe Law Review
Geographic term:Zimbabwe
Subjects:customary law
family law
marriage law
law of inheritance
Cultural Roles
Law, Legal Issues, and Human Rights
Marital Relations and Nuptiality
Abstract:The Administration of Estates Amendment Act No. 6 of 1997, which came into force in Zimbabwe on 1 November 1997, provides a framework and substantive law principles for the administration and distribution of deceased estates which would otherwise be governed by customary law. The Act also amends the Deceased Estates Succession Act, the Customary Marriages Act, and the Deceased Persons Family Maintenance Act. This article discusses each of the principal amendments made to the laws of marriage, inheritance, maintenance and rules governing the choice of law. It concludes that finding a balance between custom and tradition, on the one hand, and new and more modern notions of equality and fairness within the family as embodied in general law principles, on the other, has not been easy. Notes, ref.