Introduction to Family Law: Glossary

-

 

Welcome to the My Easy LLB Namibian Law Blog!

Below you will find a few terms and phrases that you may come across frequently in your study of family law.  This list is non-exhaustive but it might be an ice-breaker for all that legalese and, just maybe, might spare you from being caught off guard by your lecturer, looking like 😳

This glossary is not an academic reference. Use it to help you study.

Here we go!
________


  • actio iniuriarum – an action by means of solatium.     
  • affidavit – a written statement confirmed by oath.
  • affinity – relationship by marriage.
  • animus iniuriandi – an intention to infringe personality rights.
  • arrhae sponsalitiae – the ring and other gifts presented to show the seriousness of the promise to marry.
  • consanguinity – the fact of being descended from the same ancestor.
  • consensus – agreement.
  • contra bonos mores – against good morals.
  • contumelia – humiliation by insult.
  • error in negotio – mistake regarding the nature of the juristic act.
  • error in persona – mistaken identity.
  • ex officio – by virtue of one's position or status.
  • ibid – (of a source) same as aforementioned.
  • iniura –  injury.
  • justa causa – good or sound reason.
  • litigate – to take (a claim or a dispute) to court.
  • misrepresentation – making a false representation concerning the truth and failure to remove the misconception.
  • mistake – absence of agreement on material aspects of the engagement, meaning there is no contract.
  • nabye familie – immediate family; a person’s spouse/civil union partner, his or her children/parents and his/her siblings.
  • prenuptial stuprum – a situation where one party has sexual relations with a third party before the civil marriage.
  • prima facie – accepted as correct until proved otherwise.
  • ratify – confirm by formal consent.
  • solatium - a payment made to a victim as compensation for injured feelings or emotional pain and suffering.
  • sponsalitia largitas – gifts given with a view to getting married.
  • uitgebreide familie – extended family; grandparents, aunts, uncles, cousins, nephews, nieces, etc.
This glossary was prepared with partial guidance from Cronje, D & J Heaton. (Eds). 2004. South African Family Law. Durban: LexisNexis Butterworths.

Popular posts from this blog

Case Summary: Pinchin and Another NO v Santam Insurance Co Ltd

-
Image
Welcome to the  My Easy LLB Namibian Law Blog! This case featured a dispute surrounding a woman whose baby was born with brain damage after a car accident she was involved in while she was pregnant. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) Facts A pregnant woman was involved in a car accident caused by the defendant’s negligence; After birth, the child was found to be suffering from serious brain damage; Compensation was claimed from the defendant on the child’s behalf; however, at the time of the defendant’s acts, the child was  in ventre matris  (had no legal personality and no legally protected interests that could be infringed). Issues ...
Read more

Case Summary: Borland’s Trustee v Steel Bros & Co Ltd

-
Image
  Welcome to the  My Easy LLB Namibian Law Blog! This case featured a dispute surrounding the enforceability of a company's articles of association and the nature of a share. This is a historical company law case and in order to capture the principles it laid down, the following case summary will deviate from the standard format. Use this to help you study but never use our case summaries as your sole source of reading 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) Facts Steel Bros' articles of association stated that if a member thereof went bankrupt, their shares would be transferred to other shareholders at a fair price below par value; Borland (a shareholder of Steel Bros) went bankrupt and his trustee was informed of the transfer of his shares; Borland's trustee argued that Steel Bros' articles of association were void because they compromised ownership and property, which tend to perpetuity (i.e. to...
Read more

Case Note: Chisholm v East Rand Proprietary Mines Ltd

-
Image
  Welcome to the  My Easy LLB Namibian Law Blog! This is a case note on the Law of Persons and not a full case summary. It is intended to jog your memory about the facts of the case and the principle(s) it established. ( Tip: Use the sidebar to browse other study materials on this subject ). Short Facts - The plaintiff's husband was employed by the defendant company;  - her husband was killed due to the negligence of her husband's  colleague ; - the plaintiff was pregnant when her husband was killed; - she claimed damages from the defendant, claiming that her husband's death was partly due to the  defendant's  negligence (vicarious liability).  Main Issue Does the unborn child have an independent right of action? Principle RE: Nasciturus fiction: If an unborn child’s father is killed, the child has an independent right of action, apart from his/her mother, against the person who has killed his/her father . 🍎
Read more