100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
LJU4804 PORTFOLIO (QUALITY ANSWERS) Semester 2 2024 R50,00   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. Private International Law (LJU4804)

Exam (elaborations)

LJU4804 PORTFOLIO (QUALITY ANSWERS) Semester 2 2024
 16 views  1 purchase

This document contains workings, explanations and solutions to the LJU4804 PORTFOLIO (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4...QUESTION 1 Instructions: Read the set of facts below and answer the questions that follow. LJU4804 OCT NOV 2024 3 John a...

[Show more]

Preview 3 out of 18  pages

Document information

  • October 15, 2024
  • 18
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

All for this textbook (4)

Written for

All documents for this subject (28)

Seller

avatar-seller
StudyShack

Reviews received

Content preview

LJU4804
October November Portfolio 2024
Unique #:
Due Date: 18 October 2024


This document includes:

• Helpful answers and guidelines
• Detailed explanations and/ or calculations
• References




Connect with the tutor on

+27 60 326 6667

,© Study Shack 2024. All rights Reserved +27 81 278 3372

, QUESTION 1

1.1.

In terms of South African private international law, the legal system that applies
to the formal validity of a marriage is determined by the law of the place where
the marriage was celebrated (lex loci celebrationis). Since John and Mary were
married in Hawaii in December 1983, the law of Hawaii would govern the formal
validity of their marriage. Thus, Hawaiian law applies to the formal requirements
of their marriage, such as whether the marriage was properly solemnized
according to the legal standards in Hawaii.



1.2.

In private international law, domicile is determined by both physical presence
and the intention to remain in a particular place indefinitely. At the time of
entering into the marriage in December 1983, the South African court would
need to assess John's domicile by considering two key factors:

1. Physical Presence: The court would examine where John was
physically present before and during the marriage. In this case, John was
working in New York on a fixed-term contract at the time of the marriage.

2. Intention to Settle: The court would also look at John’s intention
regarding where he intended to make his permanent home. Although
John was living in New York temporarily, he was in negotiations for a
permanent position in South Africa before the marriage. If John intended
to settle in South Africa permanently once he secured the job, his
domicile at the time of marriage would be South Africa. However, if his
intention at the time was to remain in New York indefinitely, that could
indicate domicile in New York.

The court will assess whether John had formed a fixed intention to reside
permanently in South Africa by considering his negotiations for the job and other
relevant factors. Since domicile is determined by a combination of physical
presence and intent, the court would ultimately make a fact-based



© Study Shack 2024. All rights Reserved +27 81 278 3372

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 StudyShack. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R50,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

79978 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R50,00  1x  sold
  • (0)
  Buy now