, LJU4804 PORTFILIO (COMPLETE ANSWERS)
Semester 2 2025 - DUE 17 October 2025
Question 1
1.1 Legal system applicable to the material validity of Patrick
and Ruth’s marriage
Under South African private international law, the material
validity of a marriage (that is, the capacity of the parties to
marry and the consent required for marriage) is governed by
the law of the parties’ domicile at the time of the marriage —
known as the lex domicilii rule.
At the time of their marriage in December 1982, both Patrick
and Ruth were domiciled in Zambia. Therefore, Zambian law
governs the material validity of their marriage.
This means that questions such as whether Ruth, at age 17, had
the legal capacity to marry, whether parental consent was
required, and whether there were any other impediments to
the marriage (e.g., age, relationship, consent) must be
determined according to Zambian law, since that was their
common domicile at the time of contracting the marriage.
Authority:
Frankel’s Estate and Another v The Master and Another
1950 (1) SA 220 (A) – capacity to marry is determined by
the law of domicile at the time of marriage.
Semester 2 2025 - DUE 17 October 2025
Question 1
1.1 Legal system applicable to the material validity of Patrick
and Ruth’s marriage
Under South African private international law, the material
validity of a marriage (that is, the capacity of the parties to
marry and the consent required for marriage) is governed by
the law of the parties’ domicile at the time of the marriage —
known as the lex domicilii rule.
At the time of their marriage in December 1982, both Patrick
and Ruth were domiciled in Zambia. Therefore, Zambian law
governs the material validity of their marriage.
This means that questions such as whether Ruth, at age 17, had
the legal capacity to marry, whether parental consent was
required, and whether there were any other impediments to
the marriage (e.g., age, relationship, consent) must be
determined according to Zambian law, since that was their
common domicile at the time of contracting the marriage.
Authority:
Frankel’s Estate and Another v The Master and Another
1950 (1) SA 220 (A) – capacity to marry is determined by
the law of domicile at the time of marriage.
