Family Law Cases Pdf Inheritance Intestacy What is the controversy? what needs to be explained? state your core argument. description background information i. outline the facts of the case ii. provide a brief legal history of the case. iii. summarise the main legal issues raised by the case. iv. explaining what was decided in the case including the judges' reasoning. On hwj’s death in 2001, the landlord, ahmad ghaidan brought proceedings against jgm in the county court, claiming possession of the flat. jgm claimed that he had succeeded to the statutory tenancy as spouse of the deceased, under the provisions of schedule 1, para 2 of the ra 1977.
Common Types Of Family Law Cases Family Law Resources Current case considering the underlying social policy in the 1998 extension of the security of tenure in paragraph 2, there is no reason to doubt that the survivor of a couple as husband and wife is equivalent to a survivor in a homosexual relationship. In the present case paragraph 2 of schedule 1 to the rent act 1977 draws a dividing line between married couples and cohabiting heterosexual couples on the one hand and other members of the original tenant's family on the other hand. Initially denied spousal status under the rent act 1977, they were granted assured tenancy by succession as a family member. following an appeal, the court of appeal ruled that this distinction unfairly treated homosexual partners, violating human rights laws. The issue raised in this appeal is whether the interpretation of paragraph 2 (2) of the rent act 1977, which excludes same sex couples from being treated as spouses of the original tenant, can survive the enactment of the human rights act 1998.
Family Law Cases Typed Case Summaries Family Law Cases Topic 2 Rc V Initially denied spousal status under the rent act 1977, they were granted assured tenancy by succession as a family member. following an appeal, the court of appeal ruled that this distinction unfairly treated homosexual partners, violating human rights laws. The issue raised in this appeal is whether the interpretation of paragraph 2 (2) of the rent act 1977, which excludes same sex couples from being treated as spouses of the original tenant, can survive the enactment of the human rights act 1998. Definition of family pre hra same sex couple, could inherit tenancy (protected tenancy), if were living with the deceased as husband and wife or as a family. couldn't be husband and wife, but was considered a family. Summary: the constitutional court, in the ramuhovhi and others v president of the republic of south africa and others , has confirmed the limpopo high court decision that section 7 (1) of the recognition of customary marriages act 120 of 1998 is unconstitutional. Facts: the applicant was married to the deceased under the hindu religious rite and the marriage was not registered under the marriage act. the deceased died intestate. the respondents are the deceased parents, and they are opposing the applicant’s case. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns. the california court of appeals, in hubner v. hubner, 94 cal. app. 4 th 175 (2d dist. 2001), held that he did.