Internal conflicts between customary law and general law in Zimbabwe: family law as a case study

The first part of this article examines how, faced with a dispute as to whether customary law or general law should govern a case, a Zimbabwean court should proceed to determine which system of law should be applied. It also considers the jurisdiction of various Zimbabwean courts with respect to the application of customary law and general law. The second part examines some aspects of family law as it relates to internal conflict of laws problems with respect to the application of customary law and general law. It discusses the four types of Zimbabwean marriage and the conflict of laws problems relating to the consequences of each type of marriage. The third part deals with proposals for legislative reforms to eliminate or lessen some problems in family law. These proposals aim at achieving equal rights for all Zimbabweans, regardless of race, sex, which court hears a case, or which system of law the court applies. Notes, ref.

Title: Internal conflicts between customary law and general law in Zimbabwe: family law as a case study
Author: Galen, Doris Peterson
Year: 1983
Periodical: The Zimbabwe Law Review
Volume: 1-2
Pages: 3-42
Language: English
Geographic term: Zimbabwe
Abstract: The first part of this article examines how, faced with a dispute as to whether customary law or general law should govern a case, a Zimbabwean court should proceed to determine which system of law should be applied. It also considers the jurisdiction of various Zimbabwean courts with respect to the application of customary law and general law. The second part examines some aspects of family law as it relates to internal conflict of laws problems with respect to the application of customary law and general law. It discusses the four types of Zimbabwean marriage and the conflict of laws problems relating to the consequences of each type of marriage. The third part deals with proposals for legislative reforms to eliminate or lessen some problems in family law. These proposals aim at achieving equal rights for all Zimbabweans, regardless of race, sex, which court hears a case, or which system of law the court applies. Notes, ref.