PRIVATE INTERNATIONAL LAW (LJU4804) ASSIGNMENT
1 SOLUTIONS SEMESTER 2, 2023
MEL
DUE 31 AUGUST 2023
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, QUESTION 1 (2 ANSWERS PROVIDED)
According to the principles of South African private international law, the legal
system applicable to the material/inherent validity of the Kumars' marriage would be
the law of the place where the marriage was celebrated. In this case, the Kumars got
married in Zanzibar in December 1982, so the law of Zanzibar would be applicable.
OR
According to the principles of South African private international law, the legal
system that will be found applicable to the material/inherent validity of the Kumars'
marriage is the legal system of the place where the marriage was celebrated. In this
case, the marriage was celebrated in Zanzibar. Therefore, Zanzibar's legal system
will be applicable to determine the material/inherent validity of their marriage.
QUESTION 2 (3 ANSWERS PROVIDED)
If Mr Kumar was already domiciled in South Africa when they got married, the
principle of the law of the place where the marriage was celebrated would still apply.
However, in this scenario, Mrs Kumar was only 17 years old at the time of entering
into the marriage, and the legal age for marriage in South Africa is 18.
In South Africa, an underage marriage would generally be considered void ab initio
(from the beginning) or voidable, depending on certain circumstances. The court
would assess the specific situation to determine the validity of the marriage.
Since the Kumars married in Zanzibar where the legal age for marriage may have
been different, there may be a conflict between the laws of Zanzibar and South
Africa regarding the age of marriage. The South African court would have to consider
these conflicting laws and decide which one to apply.
It is possible that the South African court may refuse to recognize the marriage as
valid if it determines that it goes against the public policy of South Africa, which
includes protecting the interests of minors. In this case, the marriage may be
considered void or voidable from a South African legal perspective.
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1 SOLUTIONS SEMESTER 2, 2023
MEL
DUE 31 AUGUST 2023
0|Page
, QUESTION 1 (2 ANSWERS PROVIDED)
According to the principles of South African private international law, the legal
system applicable to the material/inherent validity of the Kumars' marriage would be
the law of the place where the marriage was celebrated. In this case, the Kumars got
married in Zanzibar in December 1982, so the law of Zanzibar would be applicable.
OR
According to the principles of South African private international law, the legal
system that will be found applicable to the material/inherent validity of the Kumars'
marriage is the legal system of the place where the marriage was celebrated. In this
case, the marriage was celebrated in Zanzibar. Therefore, Zanzibar's legal system
will be applicable to determine the material/inherent validity of their marriage.
QUESTION 2 (3 ANSWERS PROVIDED)
If Mr Kumar was already domiciled in South Africa when they got married, the
principle of the law of the place where the marriage was celebrated would still apply.
However, in this scenario, Mrs Kumar was only 17 years old at the time of entering
into the marriage, and the legal age for marriage in South Africa is 18.
In South Africa, an underage marriage would generally be considered void ab initio
(from the beginning) or voidable, depending on certain circumstances. The court
would assess the specific situation to determine the validity of the marriage.
Since the Kumars married in Zanzibar where the legal age for marriage may have
been different, there may be a conflict between the laws of Zanzibar and South
Africa regarding the age of marriage. The South African court would have to consider
these conflicting laws and decide which one to apply.
It is possible that the South African court may refuse to recognize the marriage as
valid if it determines that it goes against the public policy of South Africa, which
includes protecting the interests of minors. In this case, the marriage may be
considered void or voidable from a South African legal perspective.
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