About: Volks v Robinson

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In Volks NO v Robinson and Others, an important case in South African family and succession law, a Mrs. Robinson had been in a permanent life partnership with one Mr. Shandling. They had lived together as husband and wife from 1985 until Mr Shandling's death in 2001. Mr. Shandling had supported Mrs. Robinson. When. Mr Shandling died— Volks was his executor— he left Mrs. Robinson a small legacy, but Mrs. Robinson sued additionally for maintenance.

Attributes	Values
rdfs:label	Volks v Robinson (en)
rdfs:comment	In Volks NO v Robinson and Others, an important case in South African family and succession law, a Mrs. Robinson had been in a permanent life partnership with one Mr. Shandling. They had lived together as husband and wife from 1985 until Mr Shandling's death in 2001. Mr. Shandling had supported Mrs. Robinson. When. Mr Shandling died— Volks was his executor— he left Mrs. Robinson a small legacy, but Mrs. Robinson sued additionally for maintenance. (en)
dcterms:subject	South African case law 2005 in South African law 2005 in case law
Wikipage page ID	40849038 (xsd:integer)
Wikipage revision ID	1084908139 (xsd:integer)
Link from a Wikipage to another Wikipage	Alimony Constitutional Court of South Africa South African case law Estate (law) Marital status 2005 in South African law Will and testament Lawsuit South African family law Executor 2005 in case law Legislation Social equality High Court of South Africa Marriage Butterworths Constitutional Law Reports Significant other Discriminatory Spouse South African succession law Act (law) Social institution
Link from a Wikipage to an external page	http://www.justice.gov.za/legislation/acts/1990-027.pdf
sameAs	Volks v Robinson Volks v Robinson Volks v Robinson
dbp:wikiPageUsesTemplate	dbt:Italic_title dbt:Reflist dbt:Short_description dbt:Use_dmy_dates dbt:SouthAfrica-case-law-stub
has abstract	In Volks NO v Robinson and Others, an important case in South African family and succession law, a Mrs. Robinson had been in a permanent life partnership with one Mr. Shandling. They had lived together as husband and wife from 1985 until Mr Shandling's death in 2001. Mr. Shandling had supported Mrs. Robinson. When. Mr Shandling died— Volks was his executor— he left Mrs. Robinson a small legacy, but Mrs. Robinson sued additionally for maintenance. Robinson's claim was rejected because she did not fall within the definition of a “spouse” in the Maintenance of Surviving Spouses Act 27 of 1990. On appeal to the High Court, the court held that the Act was unfairly discriminatory on the grounds of equality and dignity. On appeal to the Constitutional Court, the court held that the purpose of the Act was to provide for the maintenance of the surviving spouse, and that the ultimate aim was to extend an invariable consequence of marriage (i.e., support) beyond the death of either of the parties. The court further held that the Act was incapable of an interpretation including permanent life partners in the definition of a “spouse,” as marriage is an important social institution, and the law is allowed to distinguish between married and unmarried persons and accord benefits to the married. The court held, accordingly, that there was a differentiation in the Act, but that it did not amount to an infringement of the right to equality. This decision was based on the fact that, during a marriage, the parties have a reciprocal duty of support, but there is no such duty accorded to the unmarried. The aim of the legislation was not to encompass the unmarried. Accordingly, the court could not require the imposition of an obligation on a deceased person's estate where there is no such obligation on the deceased when he is alive. (en)
prov:wasDerivedFrom	wikipedia-en:Volks_v_Robinson?oldid=1084908139&ns=0
page length (characters) of wiki page	2592 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Volks_v_Robinson
is Link from a Wikipage to another Wikipage of	South African family law Volks NO v Robinson and Others
is Wikipage redirect of	Volks NO v Robinson and Others
is foaf:primaryTopic of	wikipedia-en:Volks_v_Robinson

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