Prof Bradley Smith
Position
Professor
Department
Private Law
Address
CRS 206
PRIVATE LAW
IB 79
Telephone
051 4019189
Office
Equitas Building 206
Information

Short CV

After matriculating from Grey College Bloemfontein in 1996, Bradley Smith obtained his B.Com degree (cum laude) in 1999, his LL.B (cum laude) in 2002, and his LL.M (cum laude) in 2006. He was the recipient of the Dean’s Medal for the best LL.B student in 2003, and also received the same award for the best LL.M student in 2007. He completed his doctoral thesis, entitled “The development of South African matrimonial law with specific reference to the need for and application of a domestic partnership rubric”, in 2009 under the guidance of Judge of Appeal (and extraordinary professor of Private Law at the UFS) FDJ Brand and Professor J.A. Robinson (NW University).

He was appointed to the Department of Private Law in November 2002. He teaches Family Law and the Law of Trusts. He has delivered a number of papers at both national and international conferences, has (co-)authored a number of accredited research publications and textbooks and also delivers guest lectures at other South African universities from time to time. He is a member of the South African Academy of Science and Arts and the Society of Law Teachers of Southern Africa.

He is rated as an established researcher (C2) by the National Research Foundation.
 

Publications


Publications (Short List)

Articles in accredited South African legal journals:

2018. Have we read Volks wrong all along? Laubscher v Duplan 2017 2 SA 264 (CC). Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol 81 Issue 1 pp 149 - 161. (IBSS accredited).

2017. Perspectives on the juridical basis for taking (the value of) trust assets of alter ego trusts into account for the purposes of accrual claims at divorce: REM v VM. South African Law Journal Vol 134 pp 715 - 728. (IBSS accredited).

2017. Statutory discretion or common law power? Some reflections on “veil piercing” and the consideration of (the value of) trust assets in dividing matrimonial property at divorce – Part Two. Journal for Juridical Science Vol 42(1) pp 1 - 18 (IBSS accredited).

2016. Statutory discretion or common law power? Some reflections on “veil piercing” and the consideration of (the value of) trust assets in dividing matrimonial property at divorce – Part One. Journal for Juridical Science Vol 41(2) pp 68 – 94 (IBSS accredited).

2016. Intestate succession and surviving heterosexual life partners: Using the jurist`s ‘laboratory’ to resolve the ostensible impasse that exists after Volks v Robinson. South African Law Journal Vol 133 Issue 2 pp 284 – 315 (IBSS accredited).

2016. Surviving heterosexual life partners and the Intestate Succession Act 81 of 1987: A `test case` for the fashioning of an appropriate constitutional remedy in cases of `judicially-generated residual discrimination` (forthcoming in 2016 (2) South African Journal on Human Rights).

2013. Parker, life partnerships and the independent trustee. South African Law Journal Vol 130 Issue 3 pp 527 - 553 (IBSS accredited).

2012. Extension of the dependant’s action to heterosexual life partners after Volks NO v Robinson and the coming into operation of the Civil Union Act – Thus far and no further? (Co-authored with Prof J Heaton). Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol 75 Issue 3 pp 472 - 484.

2011. The interplay between registered and unregistered domestic partnerships under the draft Domestic Partnerships Bill, 2008 and the potential role of the putative marriage doctrine. South African Law Journal Vol 128 Issue 3 pp 560 - 593 (IBSS accredited).

2011. Section 6(1) of the Trust Property Control Act 57 of 1988 revisited: establishing its nature and re-emphasising the validity of the “dual purpose” theory. Stellenbosch Law Review 2011 Vol 22 No 2 pp 314 – 329.

2010. Rethinking Volks NO v Robinson: The implications of applying a ‘contextualised choice model’ to prospective South African domestic partnerships legislation” article accepted for publication in 2010 in the Potchefstroom Electronic Law Journal (IBSS accredited).

2010. An embarrassment of riches or a profusion of confusion? An evaluation of the continued existence of the Civil Union Act 17 of 2006 in the light of prospective domestic partnerships legislation in South Africa. (Co-authored with Prof J.A. Robinson). Potchefstroom Electronic Law Journal 2010 Vol 13 No 2 (IBSS accredited).

2007. The “dual purpose” of section 6(1) of the Trust Property Control Act: A possible solution to the problems caused by the authorization requirement. Stellenbosch Law Review 2007(1).

2007. The need for legislative reform regarding the authorization of trustees in the South African law of trusts. (Co-authored with Prof W.M. van der Westhuizen). Journal for JuridicalScience Vol 32(1).

2005: Gay rights (and obligations!): consequences and implications of Fourie v Minister of Home Affairs: Tydskrif vir die Suid-Afrikaanse Reg 2005(4) p 745 – 766. (Co-author: NJ Grobler).

2003: Hospital disclaimers: Afrox Health Care v Strydom: Journal for Juridical Science 210 – 221. (Co-author: R-M Jansen).

International publications:

2010. Rethinking the application of the putative spouse doctrine in South African matrimonial property law. International Journal of Law, Policy and the Family 2010 (Vol 3) (IBSS accredited).

2010. South Africa: The statutory domestic partnership cometh. The International Survey of Family Law (2010) pp 297 - 311.

2008. The South African Civil Union Act 2006: Progressive legislation with regressive implications? (Co-authored with Prof J.A. Robinson). International Journal of Law, Policy and the Family 2008 (vol 3) (IBSS accredited).

2008. The South African Civil Union Act 17 of 2006: A good example of the dangers of rushing the legislative process. (Co-authored with Prof J.A. Robinson). Brigham Young University Journal of Public Law.

Other publications:

2017. Trust assets and accrual claims at divorce: The SCA opens the door. De Rebus August 2017 pp 22-24.

2016. Unmarried same-sex couples in more favourable legal position than heterosexual counterparts. De Rebus July 2016 pp 37-39.

2006. Abuse of the trust figure in South Africa: An analysis of a number of recent developments. Journal for Estate Planning Law 2006 (Co-author: SA Hyland).

2005: Recognising same-sex relationships. De Rebus June 2005 p 24-27.

Student textbooks:

2010. Author of two chapters (“Civil unions” and “Cohabitation”) in Family law in South Africa (A Skelton and M Carnelley (eds)) published by Oxford University Press.

2009. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse Familiereg. 4th edition. (JA Robinson, S Human, A Boshoff, BS Smith and M Carnelly).

2008. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse Familiereg. 3rd edition. (JA Robinson, S Human, A Boshoff, and BS Smith).

Textbooks for the subject specialist:

2014. Author of chapter "The dissolution of a life or domestic partnership" (Chapter 10, pp 389 - 474) in Heaton, J (ed) The law of divorce and dissolution of life partnerships in South Africa (Juta, 2014). 
 

Research


Area(s) of Interest

Private Law

Courses Presented

Family Law - both under and post-graduate, and

The Law of Trusts - both under and post-graduate.
 

Community Service


Service Learning


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FACULTY CONTACT

T: +27 51 401 2451
F: + 27 51 401 3043

E: law@ufs.ac.za

Equitas Building
UFS Bloemfontein Campus

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