• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 2 out of 18 pages
Exam (elaborations)

LJU4804 October November Portfolio (Complete Answers) Semester 2 2026 - Due 19 October 2026

Document preview thumbnail
Preview 2 out of 18 pages

Exam study book Private International Law of C. F. Forsyth - ISBN: 9780702194221

Content preview

LJU4804
October/November PORTFOLIO 2026
Unique number:
Due date: 19 October 2026


QUESTION 1

1.1 Material validity

Hawaiian law governs the material validity of the Singhs’ marriage because South
African private international law ordinarily applies the lex loci celebrationis, meaning
the law of the place where the marriage was celebrated.1

1.2 Marriage intended to avoid parental consent

The starting point remains Hawaiian law because the marriage took place in Hawaii.
Mrs Singh’s age and the parental consent requirement concern her capacity to
marry, so they form part of material validity rather than the ceremony itself. The fact
that the couple deliberately selected Hawaii makes the doctrine of fraus legis
relevant, but it does not settle the question on its own.1

, QUESTION 1

1.1 Material validity

Hawaiian law governs the material validity of the Singhs’ marriage because South
African private international law ordinarily applies the lex loci celebrationis, meaning
the law of the place where the marriage was celebrated.1

1.2 Marriage intended to avoid parental consent

The starting point remains Hawaiian law because the marriage took place in Hawaii.
Mrs Singh’s age and the parental consent requirement concern her capacity to
marry, so they form part of material validity rather than the ceremony itself. The fact
that the couple deliberately selected Hawaii makes the doctrine of fraus legis
relevant, but it does not settle the question on its own.2

Fraus legis deals with a deliberate attempt to escape the legal rules which would
normally apply. In Pretorius v Pretorius the principle was accepted where a marriage
elsewhere was intended to avoid the requirements of the law of the forum, and at
least one spouse was domiciled within that forum when the marriage took place.3

The difficulty here is that neither spouse was domiciled in South Africa in December
2015. Their domicile was England, whose law is foreign law before a South African
court. The conventional South African exception therefore does not apply
automatically, even when the couple intended to avoid English parental consent.4

There is disagreement about whether the exception can extend to evasion of a
foreign law. A broader approach could permit the court to apply English law because
that was the law deliberately avoided, although this is not an established automatic
result.5




1
MM Wethmar-Lemmer, Private International Law: LJU4804 Study Guide (University of South Africa
2020) 68; Friedman v Friedman’s Executors and Others (1922) 43 NLR 259.
2
Wethmar-Lemmer, Private International Law 68–69.
3
Pretorius v Pretorius 1948 (4) SA 144 (O).
4
Wethmar-Lemmer, Private International Law 44, 69.
5
CF Forsyth, Private International Law (5th edn, Juta 2012), discussion of fraus legis, cited in
Wethmar-Lemmer, Private International Law 44.

Connected book
 image
Publisher: 2012 ISBN: 9780702194221 Edition: Unknown

Document information

Uploaded on
January 29, 2026
File latest updated on
October 13, 2026
Number of pages
18
Written in
2026/2027
Type
Exam (elaborations)
Contains
Questions & answers
R75,00
Purchased by 71 students

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
EduPal
4,2
(14528)
Sold
155157
Followers
36029
Items
5269
Last sold
2 hours ago

Reviews from verified buyers




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can immediately select a different document that better matches what you need.

Pay how you prefer, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card or EFT and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions