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South Africa's Civil Union Act 2006 : a Scottish perspective

Norrie, Kenneth (2010) South Africa's Civil Union Act 2006 : a Scottish perspective. Juridical Review, 21 (1). pp. 21-41.

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Abstract

Considers the implications of the ambiguity in the South African Civil Union Act 2006 concerning: (1) whether the form of "marriage" that it introduces, which is available to both opposite and same sex couples, is the same as the common law or the customary law marriage institutions; and (2) the substantive nature of the distinction between its "marriage" and "civil partnership" institutions. Suggests that the real distinction is between same and opposite sex civil unions, and compares the reasoning behind the decision to create a unique same sex "marriage" and the UK approach of establishing a "civil partnership" institution that is analogous to marriage.