consortium omnis vitae

Literal translation

partnership of the whole of life

Legal meaning

This phrase denotes the totality of the marital consortium: the shared life, society, companionship, affection, and reciprocal support that arise from marriage. In South African law it is most often used in family-law and delictual contexts, including claims for loss of consortium or when describing the personal consequences of interference with the marital relationship. The concept has also featured in constitutional-era discussions of the legal consequences and recognition of marriage.

Examples

• The court considered whether the plaintiff had suffered a loss of consortium omnis vitae as a result of the injury to her spouse.
• Marriage creates a consortium omnis vitae, embracing cohabitation, fidelity, and mutual support.
• The delictual claim included damages for impairment of the consortium omnis vitae.

• 🇿🇦 Marié Adriaana Fourie and Cecelia Johanna Bonthuys v Minister of Home Affairs and Director-General of Home Affairs
• 🇿🇦 DE v RH
  Constitutional Court of South Africa· 2015-06-19· CCT 182/14

  commencing at para 21. ⁴⁰ The Supreme Court of Appeal identifies the following: Church "Consortium Omnis Vitae" (1979) 42 THRHR 376 at 380-1; Hahlo South African Law of Husband & Wife

• 🇿🇦 J and B v Director General: Department of Home Affairs and Others
  Constitutional Court of South Africa· 2003-03-28· CCT 46/02

  has previously referred to a South African common law marriage as creating "a consortium omnis vitae" which was described in the following passage from Peter v Minister of Law and

• 🇿🇦 Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others
  Constitutional Court of South Africa· 2000-06-07· CCT 35/99

  Juta, Cape Town 1996) Volume 1 at 5 – 15. ⁴⁴ Referred to as a consortium omnis vitae. See Peter v Minister of Law and Order

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