LJU4804 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024 (615950) - DUE 28 March 2024

LJU4804 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024 (615950) - DUE 28 March 2024 ... 100 % TRUSTED workings, explanations and solutions. For assistance call or W.h.a.t.s.a.p.p us on +/ 2/ 5/ 4 /7 /7 /9 /5 /4 /0 /1 /3 /2 . 1.1 The court has to determine which legal system should be applied to John’s claim for redistribution of assets. Assume for purposes of this question that redistribution of assets is classified as a divorce matter under English law, but as a proprietary consequence of marriage under South African law. Which legal system will the court apply to the redistribution of assets if the via media approach to classification is applied? Note: You have to provide the classification tables for both lex fori and lex causae classification and base your answer on policy considerations as per the via media approach. (12) 1.2 If the decision in Esterhuizen v Esterhuizen 1999 (1) SA 492 (W) was followed by the court in this case, would John qualify for redistribution of assets in terms of s 7(3) of the Divorce Act 70 of 1979? Provide a brief motivation. (3) 1.3 Assume that Jane’s second will was formally invalid in terms of all its relevant testing systems, but formally valid in terms of German law. Her first will was formally valid in terms of German law only. Who inherits Jane’s estate in terms of s 3 bis of the South African Wills Act 7 of 1953? (5) [20