1 2026 (250655) - DUE 30 March 2026; 100% Correct
solutions and explanations.
Question 1
The proprietary consequences of a marriage in South African private
international law are determined by the law of the husband’s domicile
at the time the marriage was concluded (lex domicilii matrimonii).
At the time Mr and Mrs Moeng got married in December 1982, both
parties were citizens and domiciled in Botswana. They also did not
conclude an antenuptial contract.
Therefore, the law of Botswana governs the proprietary consequences
of their marriage. Under Botswana law, the default matrimonial property
regime is out of community of property in terms of the Married
Persons Property Act of 1970.
The parties’ later relocation to Pretoria in 1984 and the acquisition of a
South African domicile does not change the applicable legal system,
because the matrimonial property regime is determined at the time the
marriage is concluded.
Accordingly, Botswana law is the legal system applicable to the
proprietary consequences of the Moengs’ marriage.
Question 2.1
In South African private international law, the personal consequences
of a marriage are governed by the law of the spouses’ common
domicile (lex domicilii).
If the spouses share the same domicile, the legal system of that country
determines the personal rights and duties arising from the marriage.