LJU4804
assignmen
Portfolio May / June 2025
UNIQUE CODE:
Detailed Solutions, References & Explanations
DUE DATE: 16 MAY 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
1.1 Formal Validity of Marriage (2 marks)
According to South African private international law, the formal validity of a marriage is
governed by the lex loci celebrationis, i.e. the law of the place where the marriage was
celebrated. Since Michael and Martha were married in Mauritius in December 1983,
Mauritian law applies to determine whether the marriage was formally valid. This
includes whether the ceremony met the required formalities, such as a recognized
marriage officer and proper registration procedures. This rule is consistently applied by
South African courts, as established in cases such as Ngqobela v Sihele (1893) 10 SC
356 and Seedat’s Executors v The Master (Natal) 1917 AD 302.
1.2.1 Material Validity of Marriage
The material validity of a marriage—i.e. whether the parties had the legal capacity to
marry each other—is also governed by the lex loci celebrationis. Therefore, Mauritian
law applies to determine if Michael and Martha were legally capable of marrying each
other in December 1983. This includes factors such as age, consent, and degrees of
relationship. This principle is supported in Friedman v Friedman’s Executors (1922) 43
NLR 259, which confirms that the law of the place of celebration governs material
validity under South African private international law.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
1.1 Formal Validity of Marriage
According to South African private international law, the formal validity of a marriage is
governed by the lex loci celebrationis, i.e. the law of the place where the marriage was
celebrated. Since Michael and Martha were married in Mauritius in December 1983,
Mauritian law applies to determine whether the marriage was formally valid. This
includes whether the ceremony met the required formalities, such as a recognized
marriage officer and proper registration procedures. This rule is consistently applied by
South African courts, as established in cases such as Ngqobela v Sihele (1893) 10 SC
356 and Seedat’s Executors v The Master (Natal) 1917 AD 302.
1.2.1 Material Validity of Marriage
The material validity of a marriage—i.e. whether the parties had the legal capacity to
marry each other—is also governed by the lex loci celebrationis. Therefore, Mauritian
law applies to determine if Michael and Martha were legally capable of marrying each
other in December 1983. This includes factors such as age, consent, and degrees of
relationship. This principle is supported in Friedman v Friedman’s Executors (1922) 43
NLR 259, which confirms that the law of the place of celebration governs material
validity under South African private international law.
1.2.2 Exceptions to the Rule on Material Validity
There are two exceptions to the general rule that material validity is governed by the
lex loci celebrationis:
(i) Fraus legis (fraud on the law): If the parties married outside South Africa to evade
a requirement of their local law (lex domicilii), and one of them was domiciled in South
Africa at the time, then South African law applies. This was affirmed in Pretorius v
Pretorius 1948 (4) SA 144 (O). The requirements include: (1) domicile in South Africa;
(2) intention to evade the law; and (3) actual evasion.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
assignmen
Portfolio May / June 2025
UNIQUE CODE:
Detailed Solutions, References & Explanations
DUE DATE: 16 MAY 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
1.1 Formal Validity of Marriage (2 marks)
According to South African private international law, the formal validity of a marriage is
governed by the lex loci celebrationis, i.e. the law of the place where the marriage was
celebrated. Since Michael and Martha were married in Mauritius in December 1983,
Mauritian law applies to determine whether the marriage was formally valid. This
includes whether the ceremony met the required formalities, such as a recognized
marriage officer and proper registration procedures. This rule is consistently applied by
South African courts, as established in cases such as Ngqobela v Sihele (1893) 10 SC
356 and Seedat’s Executors v The Master (Natal) 1917 AD 302.
1.2.1 Material Validity of Marriage
The material validity of a marriage—i.e. whether the parties had the legal capacity to
marry each other—is also governed by the lex loci celebrationis. Therefore, Mauritian
law applies to determine if Michael and Martha were legally capable of marrying each
other in December 1983. This includes factors such as age, consent, and degrees of
relationship. This principle is supported in Friedman v Friedman’s Executors (1922) 43
NLR 259, which confirms that the law of the place of celebration governs material
validity under South African private international law.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
1.1 Formal Validity of Marriage
According to South African private international law, the formal validity of a marriage is
governed by the lex loci celebrationis, i.e. the law of the place where the marriage was
celebrated. Since Michael and Martha were married in Mauritius in December 1983,
Mauritian law applies to determine whether the marriage was formally valid. This
includes whether the ceremony met the required formalities, such as a recognized
marriage officer and proper registration procedures. This rule is consistently applied by
South African courts, as established in cases such as Ngqobela v Sihele (1893) 10 SC
356 and Seedat’s Executors v The Master (Natal) 1917 AD 302.
1.2.1 Material Validity of Marriage
The material validity of a marriage—i.e. whether the parties had the legal capacity to
marry each other—is also governed by the lex loci celebrationis. Therefore, Mauritian
law applies to determine if Michael and Martha were legally capable of marrying each
other in December 1983. This includes factors such as age, consent, and degrees of
relationship. This principle is supported in Friedman v Friedman’s Executors (1922) 43
NLR 259, which confirms that the law of the place of celebration governs material
validity under South African private international law.
1.2.2 Exceptions to the Rule on Material Validity
There are two exceptions to the general rule that material validity is governed by the
lex loci celebrationis:
(i) Fraus legis (fraud on the law): If the parties married outside South Africa to evade
a requirement of their local law (lex domicilii), and one of them was domiciled in South
Africa at the time, then South African law applies. This was affirmed in Pretorius v
Pretorius 1948 (4) SA 144 (O). The requirements include: (1) domicile in South Africa;
(2) intention to evade the law; and (3) actual evasion.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
