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)
3.3 Is the determination of the validity of John’s first divorce an incidental question
properly so-called or not properly so-called? Motivate your answer. (2)
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