LJU4804 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : AUGUST 2024 - UNIQUE NUMBER:- (572574) FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED)
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...
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LJU4804
Private International law
ASSIGNMENT 1
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 572574
DUE DATE: - 30 AUGUST 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
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 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. (3)
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, 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 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. (3)
2.2 If the South African court rejects renvoi (follows a no renvoi approach), which
legal system will it apply to the formal validity of the marriage? (1)
3 Mary sued her husband John for divorce in the South Gauteng High Court in
January 2024. John and Mary got married in 1996 while on holiday in Mauritius. At
that time, they were both domiciled in England and Australian citizens. In 1998,
they relocated to Johannesburg, South Africa and established a domicile there.
3.1 In 1994, John obtained a divorce from his first wife, Susan, in the Caymen
Islands. At the time of the divorce, John and Susan were domiciled in Australia, but
Susan had resided in the Cayman Islands since 1992, due to being employed there.
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