LJU4804 Assignment 1 Semester 2 2024 | Due 30 August 2024
54 views 6 purchases
Course
Private International Law (LJU4804)
Institution
University Of South Africa (Unisa)
Book
Private International Law
LJU4804 Assignment 1 Semester 2 2024 | Due 30 August 2024. All questions answered with references.
Answer the questions below: 1 Which legal categories are used in terms of the via media approach to classification? (1) 2 If you assume that, in terms of the South African rules of private internat...
LJU4804 Assignment 2 Semester 2 2024 (572928) - DUE 13 September 2024
LJU4804 Assignment 2 Due 13 September 2024 (Detailed solution)
LJU4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (572928) - DUE 13 September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations
All for this textbook (28)
Written for
University of South Africa (Unisa)
Private International Law (LJU4804)
All documents for this subject (24)
Seller
Follow
Aimark94
Reviews received
Content preview
, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please note that the author of this document will not responsibility for any plagiarizing you
commit.
1. Which legal categories are used in terms of the via media approach to classification?
The via media approach to classification in private international law involves using both the lex fori
and the lex causae for classification and then making a decision based on policy considerations. This
approach is contrasted with the enlightened lex fori approach, which primarily uses the lex fori but
considers the lex causae and may develop the lex fori based on policy considerations.
In terms of legal categories under the via media approach, it involves:
Lex fori: The law of the forum (the court hearing the case).
Lex causae: The law governing the substantive issue at hand.
The process under the via media approach involves classifying the legal issue according to both the
lex fori and the lex causae, comparing the results, and then making a clear choice between the two
based on policy considerations. This approach was endorsed in the case of Laurens v Von Höhne
1993 (2) SA 104 (W).
(Study Guide - Page: 18-19)
2. If you assume that, in terms of the South African rules of private international law, German
law determines the formal validity of a marriage, but that in terms of German private
international law, the matter is referred to Mauritian law, and that Mauritian law refers this
matter back to South African law, what would your answer to the following questions be?
2.1. If the South African court follows a partial renvoi approach, which legal system will be
applied to the formal validity of the marriage in question? Motivate your answer.
If the South African court follows a partial renvoi approach, it will consider the whole law of
Germany (the lex causae), including its private international law rules. Since German private
international law refers the matter to Mauritian law, the South African court will then consider
Mauritian law, including Mauritian private international law rules. When Mauritian law refers the
matter back to South African law, the partial renvoi approach means that South African law will
ultimately be applied to the formal validity of the marriage.
Motivation:
The partial renvoi approach assumes that the lex causae (German law) follows a no renvoi
approach. This means that the South African court will take into account the internal law of the
legal system pointed to by the private international law rules of the lex causae.
When German law points to Mauritian law, and Mauritian law points back to South African
law, the South African court will apply its own internal law to the matter.
Thus, under the partial renvoi approach, the formal validity of the marriage will be determined by
South African law.
(Study Guide - Page: 31-32)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Aimark94. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.94. You're not tied to anything after your purchase.
