Die vennootskap: goeie huweliksmaat met huwelik of konkubinaat?

Abstract

In this article the legal position of people in a concubinate relationship after the breakup or dissolution of the relationship in the American, Dutch and South African law is compared. Various attempts in the American law failed to solve the problems that originate with the dissolution of marriages and concubinates or to establish a just and equitable system. In the Netherlands attempts were made to solve problems with living-together relationships, especially between members of the same sex. The South African courts have solved these problems by application of the partnership principles on  these relationships through recognition of the universal partnership and its use as a just and equitable remedy.