LJU4804 ASSIGNMENT 1 (
CORRECT ANSWERS )
SEMESTER 1 DUE DATE
th
28 MARCH 2025
Mr and Mrs Mubanga got married in Mauritius in December 1982. At the time of
concluding the marriage they were both Zambian citizens and domiciled there as well.
They concluded an antenuptial contract that excludes community of property and all forms
of profit sharing. Early in January 1983, the parties relocated to Pretoria (South Africa)
and established a domicile there. The reason for the relocation was that Mrs Mubanga took
up an offer as senior executive of a large retail company based in South Africa. Mrs
Mubanga was already involved in negotiations in respect of this lucrative employment
opportunity some months prior to the marriage. Two children were born from the
marriage and Mr Mubanga looked after them full-time. In 2017, Mr Mubanga instituted
divorce proceedings against Mrs Mubanga in the North Gauteng High Court. Question 1
1.1. Which legal system governs personal consequences of marriage in terms of the rules of
South African private international law?
In the context of South African private international law, the legal system that governs the
personal consequences of marriage is primarily determined by the lex domicilii principle. This
principle states that the law of the place where the parties are domiciled at the time of the
marriage will apply to the personal consequences of that marriage.
CORRECT ANSWERS )
SEMESTER 1 DUE DATE
th
28 MARCH 2025
Mr and Mrs Mubanga got married in Mauritius in December 1982. At the time of
concluding the marriage they were both Zambian citizens and domiciled there as well.
They concluded an antenuptial contract that excludes community of property and all forms
of profit sharing. Early in January 1983, the parties relocated to Pretoria (South Africa)
and established a domicile there. The reason for the relocation was that Mrs Mubanga took
up an offer as senior executive of a large retail company based in South Africa. Mrs
Mubanga was already involved in negotiations in respect of this lucrative employment
opportunity some months prior to the marriage. Two children were born from the
marriage and Mr Mubanga looked after them full-time. In 2017, Mr Mubanga instituted
divorce proceedings against Mrs Mubanga in the North Gauteng High Court. Question 1
1.1. Which legal system governs personal consequences of marriage in terms of the rules of
South African private international law?
In the context of South African private international law, the legal system that governs the
personal consequences of marriage is primarily determined by the lex domicilii principle. This
principle states that the law of the place where the parties are domiciled at the time of the
marriage will apply to the personal consequences of that marriage.
