Exam (elaborations)
LJU4804 Assignment 1 Semester 2 2024 (572574) - DUE 30 August 2024
- Course
- LJU4804 (LJU4804)
- Institution
- University Of South Africa
LJU4804 Assignment 1 Semester 2 2024 (572574) QUESTIONS WITH ANSWERS
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[Date]LJU4804 Assignment
1 Semester 2 2024
(572574) - DUE 30
August 2024
QUESTIONS WITH ANSWERS
, LJU4804 Assignment 1 Semester 2 2024 (572574) - DUE 30 August 2024
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. When will a South African court recognise and enforce a foreign divorce
order? Discuss the relevant provision under the Divorce Act 70 of 1979. (3)
3.2 Which legal system will a South African court apply to divorce issues? (1)
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