LJU4804
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 30 August 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …August 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Which legal categories are used in terms of the via media approach to classification? (1)
ANSWER:
Legal Categories in the Via Media Approach
The via media approach to classification in private international law typically involves a blend of
different legal categories, aiming to reconcile and find a middle ground between conflicting legal
principles. This approach often considers:
• Substantive Law: The rules and principles governing the rights and duties of parties in a legal
relationship.
• Procedural Law: The rules governing the process by which legal matters are adjudicated.
• Conflict of Laws: The principles used to determine which jurisdiction’s laws should apply to
a particular legal issue.
2. If you assume that, in terms of the South African rules of private international law, German
law determines the formal validity of a marriage, but that in terms of German private
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 30 August 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …August 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Which legal categories are used in terms of the via media approach to classification? (1)
ANSWER:
Legal Categories in the Via Media Approach
The via media approach to classification in private international law typically involves a blend of
different legal categories, aiming to reconcile and find a middle ground between conflicting legal
principles. This approach often considers:
• Substantive Law: The rules and principles governing the rights and duties of parties in a legal
relationship.
• Procedural Law: The rules governing the process by which legal matters are adjudicated.
• Conflict of Laws: The principles used to determine which jurisdiction’s laws should apply to
a particular legal issue.
2. If you assume that, in terms of the South African rules of private international law, German
law determines the formal validity of a marriage, but that in terms of German private
