LJU4804 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE
15 September 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
LJU4804 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 15
September 2025
Course
Private International Law (LJU4804)
Institution
University Of South Africa (Unisa)
Book
The South African Law of International Trade
LJU4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 (199151) -
DUE 15 September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us....
Maria Petrus and John Paulus met at high school in Windhoek, Namibia in
1979. They got married in December 1982 while on holiday in Botswana. At
the time of entering into the marriage, both Mr and Mrs Paulus were
Namibian citizens and Mrs Paulus was domiciled in Namibia as well. Mr
Paulus established a domicile of choice in Sheffield, England in 1980 when he
assumed permanent employment at a steel factory. He was domiciled there
at the time of concluding his marriage to Maria as well. Mr and Mrs Paulus
stayed in England until 1990 when Mr Paulus obtained a full-time position at
a factory in Rosslyn, South Africa. In January 1991, the parties immigrated to
Pretoria, South Africa, and established a domicile there. Two children were
born from the marriage and Mrs Paulus stayed at home to look after them. In
2017, Mrs Paulus instituted divorce proceedings against Mr Paulus in the
North Gauteng High Court. 1.1 Which legal system applies to the inherent
validity of the parties’ marriage in terms of the South African rules of private
international law? (2) 1.2 Assume that Maria was 17 years old at the time of
entering into the marriage and that the parties went to Botswana to evade
the rules of Namibian law that required parental consent for a minor to enter
into a marriage. Would your answer to question 1.1 be the same? (5) Assume
for purposes of questions 1.3 – 1.6 that the marriage is found to be
inherently and formally valid. 1.3 Assume that redistribution of assets is
classified as a divorce matter in English law and that divorce matters are
also governed by the law of the forum in terms of the rules of English private
international law. As you know, redistribution is classified as a proprietary
consequence of marriage under South African law. Which legal system
should be applied to the redistribution of the parties’ assets if via media
classification is followed? (Note: you have to explain what via media
classification is; provide the classification tables and reach a conclusion as to
the applicable law). (15) 1.4 Mr Paulus executed a will in Germany in which
, he granted a power of appointment of a final beneficiary to Mrs Paulus. At
the time of execution of the will, he was domiciled in England He retained his
Namibian citizenship throughout his life. Mrs Paulus executed this power of
appointment in a will drafted in England while also domiciled there. Mrs
Paulus’s will was formally invalid in terms of all its possible testing systems,
but formally valid in terms of German law. Was the power of appointment
validly executed in terms of the Wills Act 7 of 1953? (4) 1.5 Which legal
system would govern a maintenance claim by Mrs Paulus? (2) 1.6 The
connecting factor for proprietary consequences of marriage needs reform.
This point was also raised in the case of Sadiku v Sadiku (Case 30498/06
unreported). Discuss this case and proposals for reform of the connecting
factor with reference to your prescribed reading material in this regard. (12)
[40]
1.1 Inherent validity of the marriage
Rule: In South African private international law, the inherent validity of a marriage is
governed by the lex domicilii matrimonii — i.e., the law of the domicile of the husband at
the time of marriage (since South Africa still applies the traditional rule that the
husband’s domicile determines the personal law of the family).
Application: At the time of the marriage (December 1982 in Botswana), Mr Paulus was
domiciled in England.
Conclusion: The law of England applies to the inherent validity of the Paulus marriage.
✅
Answer (2 marks): The inherent validity of the marriage is governed by English law, as it was
the husband’s domicile at the time of marriage.
1.2 Marriage concluded to evade Namibian law (Maria was 17)
Issue: Parties went to Botswana to avoid Namibian parental consent rules. This raises the
evasion of law problem.
Rule: The lex domicilii matrimonii (husband’s domicile) still governs inherent validity,
unless evasion of the local law applies. Courts sometimes disregard foreign marriages
deliberately concluded to evade mandatory rules of the domicile.
Application:
o Husband’s domicile = England → English law governs inherent validity.
o Under English law, the minimum age of marriage is 16 with consent, but
marriages below that without proper consent may be voidable.
o However, South African courts recognise the doctrine that if a marriage is valid
according to the lex domicilii matrimonii, it will generally be upheld even if
concluded to avoid another country’s stricter rules (see Frankel’s Estate v The
Master).
ANSWERS) Semester 2 2025 - DUE
15 September 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
LJU4804 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 15
September 2025
Course
Private International Law (LJU4804)
Institution
University Of South Africa (Unisa)
Book
The South African Law of International Trade
LJU4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 (199151) -
DUE 15 September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us....
Maria Petrus and John Paulus met at high school in Windhoek, Namibia in
1979. They got married in December 1982 while on holiday in Botswana. At
the time of entering into the marriage, both Mr and Mrs Paulus were
Namibian citizens and Mrs Paulus was domiciled in Namibia as well. Mr
Paulus established a domicile of choice in Sheffield, England in 1980 when he
assumed permanent employment at a steel factory. He was domiciled there
at the time of concluding his marriage to Maria as well. Mr and Mrs Paulus
stayed in England until 1990 when Mr Paulus obtained a full-time position at
a factory in Rosslyn, South Africa. In January 1991, the parties immigrated to
Pretoria, South Africa, and established a domicile there. Two children were
born from the marriage and Mrs Paulus stayed at home to look after them. In
2017, Mrs Paulus instituted divorce proceedings against Mr Paulus in the
North Gauteng High Court. 1.1 Which legal system applies to the inherent
validity of the parties’ marriage in terms of the South African rules of private
international law? (2) 1.2 Assume that Maria was 17 years old at the time of
entering into the marriage and that the parties went to Botswana to evade
the rules of Namibian law that required parental consent for a minor to enter
into a marriage. Would your answer to question 1.1 be the same? (5) Assume
for purposes of questions 1.3 – 1.6 that the marriage is found to be
inherently and formally valid. 1.3 Assume that redistribution of assets is
classified as a divorce matter in English law and that divorce matters are
also governed by the law of the forum in terms of the rules of English private
international law. As you know, redistribution is classified as a proprietary
consequence of marriage under South African law. Which legal system
should be applied to the redistribution of the parties’ assets if via media
classification is followed? (Note: you have to explain what via media
classification is; provide the classification tables and reach a conclusion as to
the applicable law). (15) 1.4 Mr Paulus executed a will in Germany in which
, he granted a power of appointment of a final beneficiary to Mrs Paulus. At
the time of execution of the will, he was domiciled in England He retained his
Namibian citizenship throughout his life. Mrs Paulus executed this power of
appointment in a will drafted in England while also domiciled there. Mrs
Paulus’s will was formally invalid in terms of all its possible testing systems,
but formally valid in terms of German law. Was the power of appointment
validly executed in terms of the Wills Act 7 of 1953? (4) 1.5 Which legal
system would govern a maintenance claim by Mrs Paulus? (2) 1.6 The
connecting factor for proprietary consequences of marriage needs reform.
This point was also raised in the case of Sadiku v Sadiku (Case 30498/06
unreported). Discuss this case and proposals for reform of the connecting
factor with reference to your prescribed reading material in this regard. (12)
[40]
1.1 Inherent validity of the marriage
Rule: In South African private international law, the inherent validity of a marriage is
governed by the lex domicilii matrimonii — i.e., the law of the domicile of the husband at
the time of marriage (since South Africa still applies the traditional rule that the
husband’s domicile determines the personal law of the family).
Application: At the time of the marriage (December 1982 in Botswana), Mr Paulus was
domiciled in England.
Conclusion: The law of England applies to the inherent validity of the Paulus marriage.
✅
Answer (2 marks): The inherent validity of the marriage is governed by English law, as it was
the husband’s domicile at the time of marriage.
1.2 Marriage concluded to evade Namibian law (Maria was 17)
Issue: Parties went to Botswana to avoid Namibian parental consent rules. This raises the
evasion of law problem.
Rule: The lex domicilii matrimonii (husband’s domicile) still governs inherent validity,
unless evasion of the local law applies. Courts sometimes disregard foreign marriages
deliberately concluded to evade mandatory rules of the domicile.
Application:
o Husband’s domicile = England → English law governs inherent validity.
o Under English law, the minimum age of marriage is 16 with consent, but
marriages below that without proper consent may be voidable.
o However, South African courts recognise the doctrine that if a marriage is valid
according to the lex domicilii matrimonii, it will generally be upheld even if
concluded to avoid another country’s stricter rules (see Frankel’s Estate v The
Master).
