Leratho Maimane and Andries Brown were in a permanent life partnership and had lived together for the past seven years. Leratho never wanted to get married and considered the institution of marriage to be outdated. For the duration of their relationship, Andries supported and maintained her as Leratho struggled with some mental health issues. Recently Andries was killed in a motor vehicle accident. Leratho now seeks to claim for loss of support and maintenance arising from his death. The question before the court is whether the relationship of co-habitation between Leratho and Andries should carry any legal consequences.

1. Give a historical overview of the development and position of the concubinatus in the Roman Law.

2. Critically reflect on the principle as dealt with by the prescribed case law.