LJU4804 Assignment 1 Semester 1 2025

LJU4804 PRIVATE INTERNATIONAL LAW ASSIGNMENT 1 FOR FIRST SEMESTER STUDENTS UNIQUE NUMBER: 147566 DUE DATE: 28 March 2025 at 17:00 (CAT) Read the set of facts provided below and then answer the questions that follow: 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 themarriage. Two children were born from the marriage and Mr Mubanga looked after them fulltime. 1.1 Which legal system governs personal consequences of marriage in terms of the rules of South African private international law? The legal system governing personal consequences of marriage in terms of South African private international law is the lex domicilii of the spouses at the time of the transaction in question.¹ This rule applies irrespective of whether the legal system of another country (e.g., Zambia) classifies the same issue as a proprietary consequence.²