100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.. Ensure your success with us.. R48,70
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.. Ensure your success with us..
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.. Ensure your success with us..
LJU4804 October
November
PORTFOLIO
(COMPLETE
ANSWERS)
Semester 2 2024 -
DUE 18 October
2024
[Type the document subtitle]
tabbymwesh59@gmail.com
[Pick the date]
, Book
Private International Law
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS)
Semester 2 2024 - DUE 18 October 2024; 100% TRUSTED Complete, trusted
solutions and explanations.. Ensure your success with us..
QUESTION 1 Instructions: Read the set of facts below and answer the
questions that follow. LJU4804 OCT NOV 2024 3 John and Mary Smith got
married in Hawaii in December 1983. At that time, they were British citizens
and Mary was domiciled in London, while John was working in New York on a
two-year fixed term contract with the possibility of further renewal. However,
just before the marriage, John was offered a very senior permanent position
with a South African retail brand and he had entered into negotiations with the
company at that stage. They relocated to Johannesburg, South Africa shortly
after getting married and established a domicile there. Two children were born
from the marriage and Mary stayed at home to look after them full-time. In
2022, Mary filed for divorce in the South Gauteng High Court. She also
applied for a redistribution of assets. 1.1 Which legal system applies to the
formal validity of John and Mary’s marriage in terms of the South African rules
of private international law? (2) 1.2 How would the South African court
determine where John was domiciled at the time of entering into the
marriage? Note: The court must determine where he was domiciled in
December 1983. (3) 1.3 Mary’s legal counsel would like to argue that the
proprietary consequences of the parties’ marriage are governed by South
African law as the intended matrimonial domicile when the parties got married.
Advise her legal team on their prospects of success considering relevant case
law. Your answer must include a properly referenced, full case discussion of
Sadiku v Sadiku 30498/06 (unreported) as well as the relevant points in this
regard from the prescribed article by Neels and Wethmar-Lemmer 2008 TSAR
587 – 596. (15) 1.4 Assume for purposes of this question that John was found
to be domiciled in England at the time of entering into the marriage. Would
Mary be successful in obtaining a redistribution order in terms of s 7(3) of the
Divorce Act 70 of 1979? Discuss the different views with reference to case law
in this regard. (10) 1.5 Mary executed a will in Hawaii in which she appointed
John as her sole heir. At the time of execution of the will, she was domiciled in
England and a British citizen. She retained her British citizenship throughout
her life. After her divorce from John was finalised, Mary executed a second
will in France that expressly revoked her first will and appointed her two
, children as her heirs. At the time of its execution, she was domiciled in South
Africa. Mary’s first will was formally valid in terms of Hawaiian law (only).
Mary’s second will was formally invalid in terms of all its possible testing
systems, but formally valid in terms of Hawaiian law. In terms of the rules of
intestate succession of Hawaii, France and South Africa, her two children
would be LJU4804 OCT NOV 2024 4 her intestate heirs. Mary died from a
heart attack in May 2023. Who would inherit her estate? Note: You have to
apply the relevant provision of the Wills Act 7 of 1953. (5) 1.6 John gave Mary
a BMW motor as a gift in February 1984. During the divorce proceedings, the
court had to determine the validity of the donation. Assume that, in terms of
English law, donations between spouses are regarded as a personal
consequence of marriage, but that under South African law, it falls under
proprietary consequences of marriage. 1.6.1 Under which legal category (or
categories) will the two potentially applicable legal rules be placed if lex fori
classification is followed? (2) 1.6.2 Under which legal category (or categories)
will the two potentially applicable legal rules be placed if lex causae
classification is followed? Explain your answer. (3) [5] [40] QUESTION 2 A
French international wine trading company, VIN SARL, is considering
concluding a contract with a South African co-operative winery for the
purchase of a large consignment of South African wines. Advise the CEO of
VIN on the following: 2.1 If an arbitration clause is inserted into the contract
electing all disputes arising out of same to be settled by means of arbitration
administered by the London Court of International Arbitration (LCIA), would
VIN have a reasonable chance of having the award being recognised and
enforced in South Africa? (Note: Discuss the relevant provisions of the
International Arbitration Act 15 of 2017 (IAA) and the 1958 New York
Convention as incorporated.) (8) 2.2 If South Africa is elected as the seat of
arbitration, is there enabling legislation in place that provides an effective
procedural framework for international arbitrations? (Note: discuss the most
important procedural provisions in the IAA and the UNCITRAL Model Law as
incorporated.) (12) [20] QUESTION 3 Instructions: Read the set of facts and
answer the questions that follow. Aqua (Pty) Ltd is a South African company
with its principal place of business in Durban. Wasser GmbH is a company
incorporated in terms of the laws of Germany with its principal LJU4804 OCT
NOV 2024 5 place of business in Hamburg. In January 2023, Aqua purchased
a large consignment of filtered water from Wasser. Payment had to take place
by means of a confirmed letter of credit issued by RMB (Durban) and
confirmed by Hamburg Commercial Bank AG. The goods were to be shipped
FOB (Hamburg). The contract included a choice of law clause indicating
German law (a CISG contracting state) as the proper law of the contract. 3.1
Explain the difference between a confirmed and unconfirmed letter of credit.
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 tabbymwesh59. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R48,70. You're not tied to anything after your purchase.
