LJU4804 PORTFILIO (COMPLETE
ANSWERS) Semester 2 2025 -
DUE 17 October 2025;
USER
[Email address]
,LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025;
LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025;
Oct / Nov 2025 PRIVATE INTERNATIONAL LAW PORTFOLIO LJU4804
EXAMINERS: FIRST: PROF MM WETHMAR-LEMMER SECOND: DR NS SIPHUMA
EXTERNAL: PROF E SCHOEMAN (University of Pretoria / University of
Canterbury) This paper consists of 6 pages. The paper counts 80 marks. The
portfolio runs from 10 – 17 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. How would the arbitral tribunal determine the law applicable to
the merits of the dispute? Note: refer to the relevant provisions of the
International Arbitration Act 15 of 2017. This portfolio must be submitted
before 08:00 on 17 October 2025 (CAT).
Students have to submit this portfolio via myUnisa, therefore no e-mailed
portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not corrupted
and can be opened for marking. No scanned portfolios may be submitted. 2.
You must therefore submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission portal is
open/available and let your lecturers know immediately if your submission
portal is not open. 3.
The Declaration of Academic Honesty button must be clicked when
submitting the portfolio examination. Explain what the CIF INCOTERM entails.
Note: Your discussion must be based on your prescribed reading material by
Van Niekerk and Schulze. Proper footnote referencing must be used. This
entails that every argument or idea taken from another source, or any piece
of information utilised from another source, needs to be provided with a
separate footnote reference. Please note that in-line referencing in the text
may NOT be used. 5.
This is a research portfolio and as such, an open-book examination. When
answering questions, students are expected to make use of the study guide
as well LJU4804 OCT NOV 2025 2 as all prescribed readings relevant to the
question. The study guide must be referenced like any other book. PLEASE
DO NOT COPY AND PASTE ANSWERS FROM ANY SOURCE. When answering
the questions, you must provide footnote references to the relevant
source(s) for every statement made. You must make use of the Unisa School
of Law referencing style. Guidelines are available under Additional Resources
,on myUnisa. Do not make use of long quotations, rephrase the arguments in
your own words. When you have to provide a case discussion, refer to the
relevant page and paragraph numbers of the case in corresponding
footnotes for every statement made. It is imperative to refer to the
prescribed sources, where relevant. Describe the basic operation of a
documentary letter of credit as payment method in an international sales
contract. Note: Your discussion must be based on your prescribed reading
material by Van Niekerk and Schulze.Unreferenced portfolio content will not
be credited with marks. Consider the information in the paragraph below and
provide a properly referenced essay-answer. Make use of numbered
headings and sub-headings and provide footnote references for every
statement made. It is universally recognised that arbitration is the preferred
dispute settlement mechanism for international commercial disputes. The
recognition and enforcement of foreign arbitral awards are of paramount
importance for arbitration to function as an effective dispute settlement
regime. The South African International Arbitration Act 15 of 2017 represents
best practice in in respect of the recognition and enforcement of foreign
arbitral awards. The 1958 New York Convention is incorporated into the Act
as well as the UNCITRAL Model Law on International Commercial Arbitration.
In addition to the New York Convention, the Model Law also contains
provisions on recognition and enforcement. As a guideline, a 5 mark question
should be at least a ½ typed page (1.5 spacing with standard margins); a 10
mark question should contain at least 1 full typed page answer; a 15 mark
answer should be about 2 typed pages long and a 20 mark question should
be about 3 typed pages. The portfolio should therefore not contain more
than 12 pages of substantive content. In addition to the 12 pages of content,
you should add the title page and a full bibliography. Note: You do NOT have
to attach the Declaration of Academic Honesty in your portfolio document. 7.
Use proper language and grammar and make use of full sentences. 8. Note
that all portfolios will be scrutinised for plagiarism through the use of
Turnitin.
Any information provided that is not in your own words and properly
referenced, will be flagged by Turnitin. Be reminded that Turnitin also
compares all student assignment submissions with each other and instances
of academic dishonesty or students copying from each other, will also be
identified. Instances of AI writing are also det ected by Turnitin. Cases of
plagiarism or academic dishonesty will be dealt with in accordance with the
University's policies. 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. LJU4801 1 In 1984,
Mrs Mubanga gave Mr Mubanga a very expensive Rolex watch as a gift. The
question of the validity of donations between spouses arose during the
divorce proceedings. In terms of South African law, donations between
spouses are regarded as a personal consequence of marriage. Suppose that
donations between spouses are regarded as a proprietary consequence of
marriage under Zambian law.
1.1 Which legal system governs personal consequences of marriage in terms
of the rules of South African private international law? (1)
1.2 Which legal system governs the proprietary consequences of marriage in
terms of the rules of South African private international law? (1) Discuss the
relevant recognition and enforcement provisions contained in the
International Arbitration Act 15 of 2017 (IAA) itself and in the UNCITRAL
Model Law as well as the 1958 New York Convention (as incorporated).
1.3 Which legal system will the South African court apply to the validity of
the donation between the spouses if it follows the via media approach to
classification? 2 Mr Mubanga’s legal representatives plan to argue that the
parties intended to immigrate to South Africa at the time of entering into the
marriage, since Mrs Mubanga was already involved in negotiations with the
retail group in respect of her appointment. Advise his legal team on 3 their
chances of successfully arguing in favour of intended matrimonial domicile
as alternative connecting factor for determining the law applicable to the
proprietary consequences of marriage. Your ans wer should be based on a
proper discussion of the prescribed case Sadiku v Sadiku Case no 30498/06
(unreported) [2007] JOL 19342 (T). Mr and Mrs Hendricks got married in
Madagascar in December 1999. At the time of entering into the marriage
they were both Namibian citizens, domiciled in England. Mrs Hendricks
moved to London, England in 1997 to pursue a modelling career. Mr
Hendricks took up a permanent position as an engineer in London in 1998
and established a domicile there. In 2001, the parties relocated to Pretoria
(South Africa) and became domiciled there. The reason for the relocation
was that Mrs Hendricks was offered a long-term modelling contract by a
large South African clothing company. In 2017, Mr Hendricks instituted
divorce proceedings against Mrs Hendricks in the North Gauteng High Court.
1.1 Which legal system applies to the material validity of the marriage
according to the principles of South African private international law? (2) This
study source was downloaded by from CourseH on :08:32 GMT -05:00 2 1.2
Mrs Hendricks gave Mr Hendricks a BMW X5 vehicle (fully paid in cash by Mrs
Hendricks) in 2016. After the divorce proceedings were instituted, Mrs
ANSWERS) Semester 2 2025 -
DUE 17 October 2025;
USER
[Email address]
,LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025;
LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025;
Oct / Nov 2025 PRIVATE INTERNATIONAL LAW PORTFOLIO LJU4804
EXAMINERS: FIRST: PROF MM WETHMAR-LEMMER SECOND: DR NS SIPHUMA
EXTERNAL: PROF E SCHOEMAN (University of Pretoria / University of
Canterbury) This paper consists of 6 pages. The paper counts 80 marks. The
portfolio runs from 10 – 17 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. How would the arbitral tribunal determine the law applicable to
the merits of the dispute? Note: refer to the relevant provisions of the
International Arbitration Act 15 of 2017. This portfolio must be submitted
before 08:00 on 17 October 2025 (CAT).
Students have to submit this portfolio via myUnisa, therefore no e-mailed
portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not corrupted
and can be opened for marking. No scanned portfolios may be submitted. 2.
You must therefore submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission portal is
open/available and let your lecturers know immediately if your submission
portal is not open. 3.
The Declaration of Academic Honesty button must be clicked when
submitting the portfolio examination. Explain what the CIF INCOTERM entails.
Note: Your discussion must be based on your prescribed reading material by
Van Niekerk and Schulze. Proper footnote referencing must be used. This
entails that every argument or idea taken from another source, or any piece
of information utilised from another source, needs to be provided with a
separate footnote reference. Please note that in-line referencing in the text
may NOT be used. 5.
This is a research portfolio and as such, an open-book examination. When
answering questions, students are expected to make use of the study guide
as well LJU4804 OCT NOV 2025 2 as all prescribed readings relevant to the
question. The study guide must be referenced like any other book. PLEASE
DO NOT COPY AND PASTE ANSWERS FROM ANY SOURCE. When answering
the questions, you must provide footnote references to the relevant
source(s) for every statement made. You must make use of the Unisa School
of Law referencing style. Guidelines are available under Additional Resources
,on myUnisa. Do not make use of long quotations, rephrase the arguments in
your own words. When you have to provide a case discussion, refer to the
relevant page and paragraph numbers of the case in corresponding
footnotes for every statement made. It is imperative to refer to the
prescribed sources, where relevant. Describe the basic operation of a
documentary letter of credit as payment method in an international sales
contract. Note: Your discussion must be based on your prescribed reading
material by Van Niekerk and Schulze.Unreferenced portfolio content will not
be credited with marks. Consider the information in the paragraph below and
provide a properly referenced essay-answer. Make use of numbered
headings and sub-headings and provide footnote references for every
statement made. It is universally recognised that arbitration is the preferred
dispute settlement mechanism for international commercial disputes. The
recognition and enforcement of foreign arbitral awards are of paramount
importance for arbitration to function as an effective dispute settlement
regime. The South African International Arbitration Act 15 of 2017 represents
best practice in in respect of the recognition and enforcement of foreign
arbitral awards. The 1958 New York Convention is incorporated into the Act
as well as the UNCITRAL Model Law on International Commercial Arbitration.
In addition to the New York Convention, the Model Law also contains
provisions on recognition and enforcement. As a guideline, a 5 mark question
should be at least a ½ typed page (1.5 spacing with standard margins); a 10
mark question should contain at least 1 full typed page answer; a 15 mark
answer should be about 2 typed pages long and a 20 mark question should
be about 3 typed pages. The portfolio should therefore not contain more
than 12 pages of substantive content. In addition to the 12 pages of content,
you should add the title page and a full bibliography. Note: You do NOT have
to attach the Declaration of Academic Honesty in your portfolio document. 7.
Use proper language and grammar and make use of full sentences. 8. Note
that all portfolios will be scrutinised for plagiarism through the use of
Turnitin.
Any information provided that is not in your own words and properly
referenced, will be flagged by Turnitin. Be reminded that Turnitin also
compares all student assignment submissions with each other and instances
of academic dishonesty or students copying from each other, will also be
identified. Instances of AI writing are also det ected by Turnitin. Cases of
plagiarism or academic dishonesty will be dealt with in accordance with the
University's policies. 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. LJU4801 1 In 1984,
Mrs Mubanga gave Mr Mubanga a very expensive Rolex watch as a gift. The
question of the validity of donations between spouses arose during the
divorce proceedings. In terms of South African law, donations between
spouses are regarded as a personal consequence of marriage. Suppose that
donations between spouses are regarded as a proprietary consequence of
marriage under Zambian law.
1.1 Which legal system governs personal consequences of marriage in terms
of the rules of South African private international law? (1)
1.2 Which legal system governs the proprietary consequences of marriage in
terms of the rules of South African private international law? (1) Discuss the
relevant recognition and enforcement provisions contained in the
International Arbitration Act 15 of 2017 (IAA) itself and in the UNCITRAL
Model Law as well as the 1958 New York Convention (as incorporated).
1.3 Which legal system will the South African court apply to the validity of
the donation between the spouses if it follows the via media approach to
classification? 2 Mr Mubanga’s legal representatives plan to argue that the
parties intended to immigrate to South Africa at the time of entering into the
marriage, since Mrs Mubanga was already involved in negotiations with the
retail group in respect of her appointment. Advise his legal team on 3 their
chances of successfully arguing in favour of intended matrimonial domicile
as alternative connecting factor for determining the law applicable to the
proprietary consequences of marriage. Your ans wer should be based on a
proper discussion of the prescribed case Sadiku v Sadiku Case no 30498/06
(unreported) [2007] JOL 19342 (T). Mr and Mrs Hendricks got married in
Madagascar in December 1999. At the time of entering into the marriage
they were both Namibian citizens, domiciled in England. Mrs Hendricks
moved to London, England in 1997 to pursue a modelling career. Mr
Hendricks took up a permanent position as an engineer in London in 1998
and established a domicile there. In 2001, the parties relocated to Pretoria
(South Africa) and became domiciled there. The reason for the relocation
was that Mrs Hendricks was offered a long-term modelling contract by a
large South African clothing company. In 2017, Mr Hendricks instituted
divorce proceedings against Mrs Hendricks in the North Gauteng High Court.
1.1 Which legal system applies to the material validity of the marriage
according to the principles of South African private international law? (2) This
study source was downloaded by from CourseH on :08:32 GMT -05:00 2 1.2
Mrs Hendricks gave Mr Hendricks a BMW X5 vehicle (fully paid in cash by Mrs
Hendricks) in 2016. After the divorce proceedings were instituted, Mrs
