Harmonisation of the common law and the indigenous law the application of customary law conflict of personal laws south african law commission home worldcat home about worldcat help search search for library items search for lists search for . The harmonisation of the common law and the indigenous law report on conflicts of law south african law commission project 90 application of customary law 1 a excerpt from the issue paper 1 b problem analysis 1 c submissions 3 d historical analysis and comparative survey of laws 5. Customary law never discrimi nated against illegitimate children in the way common law did and in fact it is often said that the concept of illegitimacy is irrelevant to customary law 2 none the less preference is generally shown for sons who are related to a deceased by blood. Although customary law and indigenous law are used as synonyms in south african law the first is preferred since it is also the expression used in the constitution of the republic of south africa 1996 hereinafter the constitution. South african law commission harmonisation of the common law and indigenous law the application of customary law conflict of personal laws issue paper 4 project 90 1996 schoeman malan 2007 per schoeman malan mc recent development regarding south africas common and customary law of succession 2007 1 per potchefstroom electronic law
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