Journal Articles

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Browsing Journal Articles by Subject "Bena"

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    Children born out of wedlock and inheritance laws in Tanzania
    (African Institute for Comparative and International Law, 2009) Gotrib, Mgaya
    The concept of inheritance or succession entails the devolution of property upon the death of its owner. This is regulated by the law of testamentary succession if the deceased had a will, otherwise the law of intestate succession applies. The present article deals with intestate succession, in particular inheritance by children born out of wedlock. It examines the concept of children born outside wedlock and the legal framework for the inheritance of children born outside wedlock in Tanzania before considering in detail the situation among the Bena. Before the 1990s children born out of wedlock among the Bena could inherit on the mother's side without many inconveniences. However, only in rare cases could they inherit on the father's side as well. Since then the position of illegitimate children among the Bena has changed and they can inherit on both the father's and the mother's side, unless the deceased left a will which did not include the illegitimate child. The author recommends that the government of Tanzania review all customary laws which are in force to see whether they conform to the principles of human rights and the Constitutional Bill of Right. The government should enact a unified law of succession to deal with all matters related to succession, including the inheritance of children born outside wedlock and other matters related to illegitimate children which have not been tackled by the Law of Marriage Act Cap 29 of 1971. Notes, ref. [ASC Leiden abstract]