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Question 1: Forfeiture of Patrimonial benefits With reference to the applicable common law position, case law and scholarship, analytically discuss the use, application and relevance,
Question 1: Forfeiture of Patrimonial benefits With reference to the applicable common law position, case law and scholarship, analytically discuss the use, application and relevance, if any, of the common law principle of 'forfeiture of patrimonial benefits' under our [Namibian] legal system.
Your reflection should more or less clearly set out the historical evolution of the principle (predominantly under Roman and Roman-Dutch law and to some extent English common law for differentiation or comparative purposes); its conceptual framework; its nature and scope; its application and adaption by the superior courts of Namibia through case law (i.e., what are the factors courts take into account before granting an order to that effect); its implications, if any, on the institution of the family; and more importantly whether the principle has any contemporary use or relevance in our legal system and societies. Instructions: .
1. Note that the sound use of case law will be duly credited, more especially within the context of Namibian law.
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