Journal article

The Abolition of the Doctrine of Immutability in the Matrimonial Property Regime in Botswana


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Publication Details

Author list: Jobeta , Tebogo
Jonas, Obonye

Publication year: 2013

Journal: University of Botswana Law Journal

Volume number: 17

Start page: 65



Proprietary consequences of marriage are said to be variable. That notwithstanding once a particular regime is selected it becomes irrevocable. This is known as the immutability doctrine. However the issue as to whether it is possible to alter the marital regime during the subsistence of the marriage without having to dissolve it has always remained a moot point in Botswana. Very few decisions have come out of the courts seeking to lay down what the proper approach is and should be. The position has been authoritatively put to rest by enactment ofthe Married Persons Property Act of2014 which repealed the previous Act. The objective of this commentary is to outline the common law legal position prior to the enactment of the Act and what changes have been brought by the 2014 Act if any


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Last updated on 2024-04-12 at 12:36