Exam (elaborations)
LPL4805 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
the document has the latest questions and elaborate answers
[Show more]
Content preview
LPL4805 EXAMPACK 2023
UPDATED REVISION
PACK
,LPL4805
Past Exam Papers
2018-2022
Revision PACK
Contains Questions Only
, LJU4804 JANUARY FEBRUARY 2022
UNIVERSITY EXAMINATIONS
January / February 2022
PRIVATE INTERNATIONAL LAW PORTFOLIO
LJU4804
EXAMINERS:
FIRST: PROF MM WETHMAR-LEMMER
SECOND: PROF FT ABIOYE
EXTERNAL: PROF E SCHOEMAN (UP)
This paper consists of 5 pages.
The paper counts 80 marks.
The portfolio runs from 28 January 2022 to 7 February 2022.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio is to be submitted before 23:55 on 7 February 2022. Students have to
submit this portfolio via myUnisa, no e-mailed portfolios may be accepted. No
extensions may be granted. It is the responsibility of the student to ensure that the
file submitted is not corrupted and can be opened for marking.
2. You will therefore be submitting this portfolio as Assignment 3 via myUnisa. When
you receive the portfolio, check whether your submission is open / available
and let your lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty has to be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing has to be employed. This entails that every argument
or idea taken from another source, or any piece of information utilised from a source,
needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students have to rephrase arguments
and ideas from sources in their own words. Short quotes have to be provided with
quotation marks and a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as all prescribed readings relevant to the question.
1
Open Rubric
, LJU4804 JANUARY FEBRUARY 2022
7. As a guideline, a 5 mark question should warrant at least a ½ typed page (1.5
spacing with standard margins) answer; a 10 mark question should contain at least
1 full typed page answer; a 15 mark answer should be about 2 typed pages long
and a 20 mark question should warrant about 3 typed pages. The portfolio should
therefore not contain more than 12 pages of substantive content. In addition to the
12 pages of content, you should add the title page, declaration of academic honesty
and a short bibliography. Students will be penalised for exceeding 12 pages of
substantive content.
8. Use proper language and grammar and make use of full sentences.
QUESTION 1
Instructions: Read the set of facts and answer the questions that follow.
Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The
ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa
and who conducted the ceremony in compliance with the South African Marriage Act. At the
time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but
citizens of Malawi. Shortly after their marriage, Mr and Mrs Moloi immigrated to South Africa
and established a domicile in Johannesburg. Two children were born from the marriage and
Mr Moloi stayed at home to look after the children, while Mrs Moloi worked as a chartered
accountant for a large firm and travelled extensively. In 2007, Mr Moloi instituted divorce
proceedings against Mrs Moloi in a South African High Court. Upon institution of the divorce
proceedings, Mr Moloi also claimed a redistribution of assets.
1.1 Which legal system applies to the formal validity of the parties’ marriage in terms of the
South African rules of private international law? Discuss if any possible exception applies. (6)
1.2 Assume that the rules of private international law of South Africa refer the determination
of the inherent validity of their marriage to Mauritian law, and that Mauritian law refers the
determination of inherent validity to English law. If South Africa follows a partial renvoi
approach, which legal system will be applied to the formal validity of the marriage? Discuss
briefly. (4)
2
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller AlectaGroup. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R60,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now