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LJU4804 Assignment 1 (Detailed Answers) Semester 2 - Due 30 August 2024 $2.85   Add to cart

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LJU4804 Assignment 1 (Detailed Answers) Semester 2 - Due 30 August 2024

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LJU4804 Assignment 1 (Detailed Answers) Semester 2 - Due 30 August 2024

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  • August 4, 2024
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LJU4804
ASSIGNMENT 1 (SEMESTER 2)

DUE DATE: 30 August 2024




Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …August 2024. Kindly note that fax or email submissions will not be accepted.


NB: Assignment submitted to the lecturer(s) through email will not be considered.


QUESTION 1

1. Which legal categories are used in terms of the via media approach to classification? (1)

ANSWER:

Legal Categories in the Via Media Approach

The via media approach to classification in private international law typically involves a blend of
different legal categories, aiming to reconcile and find a middle ground between conflicting legal
principles. This approach often considers:

• Substantive Law: The rules and principles governing the rights and duties of parties in a legal
relationship.

• Procedural Law: The rules governing the process by which legal matters are adjudicated.

• Conflict of Laws: The principles used to determine which jurisdiction’s laws should apply to
a particular legal issue.



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

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