LJU4804 Assignment 1
Semester 2 2024
(572574) - DUE 30
August 2024
QUESTIONS WITH ANSWERS
[School]
[Course title]
, 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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