LJU4804 (Private International Law) Answer for assignment 1 Semester 1 (2023) Footnotes and Bibliography included (See example page). Answers are in depth and I have given more detailed answers for better understanding!
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)
The principle of lex loci celebrationis is relevant to this scenario because it is one of
the fundamental principles of private international law that determines the formal
validity of a marriage. In the scenario, the Hendricks' marriage was celebrated in
Madagascar in December 1999. Therefore, the formal validity of the marriage would
be determined by the law of Madagascar, which is the lex loci celebrationis. This
means that the court would need to apply the rules of private international law of
Madagascar to determine the formal validity of the marriage.
Side note: It is important to note that the principle of lex loci celebrationis only……..
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