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LJU4804
Private International Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 31 March 2023
Includes Footnotes and/or Bibliography
QUESTION 1
Mr and Mrs Hendricks got married in Madagascar in December 1999. At the time of entering into the marriage they
were both Namibian citizens, domiciled in England. Mrs Hendricks moved to London, England in 1997 to pursue a
modelling career. Mr Hendricks took up a permanent position as an engineer in London in 1998 and established a
domicile there. In 2001, the parties relocated to Pretoria (South Africa) and became domiciled there. The reason for
the relocation was that Mrs Hendricks was offered a long-term modelling contract by a large South African clothing
company. In 2017, Mr Hendricks instituted divorce proceedings against Mrs Hendricks in the North Gauteng High
Court.
1.1 Which legal system applies to the material validity of the marriage according to the principles of South African
private international law? (2)
Question Continues..
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, Mr and Mrs Hendricks got married in Madagascar in December 1999. At the time of
entering into the marriage they were both Namibian citizens, domiciled in England.
Mrs Hendricks moved to London, England in 1997 to pursue a modelling career. Mr
Hendricks took up a permanent position as an engineer in London in 1998 and
established a domicile there. In 2001, the parties relocated to Pretoria (South
Africa) and became domiciled there. The reason for the relocation was that Mrs
Hendricks was offered a long-term modelling contract by a large South African
clothing company. In 2017, Mr Hendricks instituted divorce proceedings against
Mrs Hendricks in the North Gauteng High Court.
1.1 Which legal system applies to the material validity of the marriage according to
the principles of South African private international law? (2)
In terms of the rules of private international law the material validity of marriage is
governed by the lex loci celebrationis that is the law of marriage celebration. The law of
marriage celebration refers to the place where the marriage was celebrated. By
virtue of the given set of facts the marriage was concluded in Mauritius meaning.
The legal system would then be Mauritian law. 1
1.2 Mrs Hendricks gave Mr Hendricks a BMW X5 vehicle (fully paid in cash by Mrs
Hendricks) in 2016. After the divorce proceedings were instituted, Mrs Hendricks
disputed the validity of this gift / donation. In terms of English law, donations
between spouses are regarded as a proprietary consequence of marriage but in
terms of South African law, donations between spouses are classified as a
personal consequence of marriage.
1.2.1 Which legal system will be applied to the validity of the gift if the via media
approach to classification is used? Motivate your answer, but you do NOT have to
1 Friedman v Friedman’s Executors and Others 1922 43 NLR 259.
