LJU4804
MAY/JUNE EXAM 2025
UNIQUE NO:
DUE DATE: 3 JUNE 2025
,LJU4804 – May/June 2025 Exam Portfolio
Question 1 (40 Marks)
1.1 Formal Validity of Marriage (2 marks)
According to South Africa’s rules on private international law, the formal requirements
for a valid marriage are governed by the law of the place where the marriage is
celebrated—referred to as lex loci celebrationis. Since the wedding took place in
Mauritius, Mauritian law will determine whether the marriage complies with formal legal
standards.
1.2.1 Material Validity of Marriage (2 marks)
The material or substantive validity of a marriage—such as each party’s legal capacity
to marry—is assessed based on the law of the domicile of each spouse at the time the
marriage is concluded. Therefore:
Martha’s capacity is assessed in terms of Zambian law, as her domicile was in
Lusaka at that time.
Michael’s domicile, and thus the applicable law, is determined in Question 1.3.1
below.
1.2.2 Exceptions to the Lex Domicilii Rule (6 marks)
While the general rule is that material validity is governed by the parties’ domiciles,
there are several key exceptions to this principle:
1. Public Policy Consideration: If the law of a foreign domicile is incompatible
with South African public policy, the South African courts may refuse to enforce
it.
2. Exclusion of Certain Capacities: Matters such as incestuous or polygamous
relationships are often determined by overriding South African principles rather
than foreign domicile rules.
3. Dual Domicile Requirement: For a marriage to be recognised as valid, both
individuals must have the legal capacity to marry under the law of their respective
domiciles.
, 4. Same-Sex Marriage Recognition: South African law may accept same-sex
marriages that are valid where concluded, even if the parties' domiciliary laws
prohibit or do not recognise such unions.
MAY/JUNE EXAM 2025
UNIQUE NO:
DUE DATE: 3 JUNE 2025
,LJU4804 – May/June 2025 Exam Portfolio
Question 1 (40 Marks)
1.1 Formal Validity of Marriage (2 marks)
According to South Africa’s rules on private international law, the formal requirements
for a valid marriage are governed by the law of the place where the marriage is
celebrated—referred to as lex loci celebrationis. Since the wedding took place in
Mauritius, Mauritian law will determine whether the marriage complies with formal legal
standards.
1.2.1 Material Validity of Marriage (2 marks)
The material or substantive validity of a marriage—such as each party’s legal capacity
to marry—is assessed based on the law of the domicile of each spouse at the time the
marriage is concluded. Therefore:
Martha’s capacity is assessed in terms of Zambian law, as her domicile was in
Lusaka at that time.
Michael’s domicile, and thus the applicable law, is determined in Question 1.3.1
below.
1.2.2 Exceptions to the Lex Domicilii Rule (6 marks)
While the general rule is that material validity is governed by the parties’ domiciles,
there are several key exceptions to this principle:
1. Public Policy Consideration: If the law of a foreign domicile is incompatible
with South African public policy, the South African courts may refuse to enforce
it.
2. Exclusion of Certain Capacities: Matters such as incestuous or polygamous
relationships are often determined by overriding South African principles rather
than foreign domicile rules.
3. Dual Domicile Requirement: For a marriage to be recognised as valid, both
individuals must have the legal capacity to marry under the law of their respective
domiciles.
, 4. Same-Sex Marriage Recognition: South African law may accept same-sex
marriages that are valid where concluded, even if the parties' domiciliary laws
prohibit or do not recognise such unions.
