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

LJU4804 October November Portfolio (Complete Answers) Semester 2 2026 - Due 19 October 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2. Ensure your success with us... In the matter of Pringle v Minister of Justice and Constitutional Development and Others (2468/2024) [2026] ZAWCHC 343, the long-standing common law connecting factor for determining the law applicable to the proprietary consequences of marriage was declared unconstitutional. The court made a finding in respect of the replacement of the discriminatory rule. At the same time, the South African Law Reform Commission Project 100E, Reform of Aspects of Matrimonial Property Law (2023), is ongoing, and pages 28 to 41 of Discussion Paper 160 also make recommendations in this regard. Discuss the court’s determination regarding the replacement of the lex domicilii matrimonii rule in the Pringle case, together with the recommendations of the South African Law Reform Commission. Include an analysis of the retrospectivity of the new rules. A full discussion of the Pringle case is not required. A German company, acting as the buyer, and a South African company, acting as the seller, conclude an international sales contract. The contract includes an arbitration clause directing that all disputes arising from the contract must be referred to arbitration administered by the London Court of International Arbitration. If the German company obtains an arbitral award in its favour from the London Court of International Arbitration, what are its chances of having the award recognised and enforced against the seller in South Africa? The discussion must refer to Chapter 3 of the International Arbitration Act 15 of 2017 and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, incorporated as Schedule III to the Act. Which legal system governs the material validity of the Singhs’ marriage according to the rules of South African private international law? Would your answer be different if it emerged that the parties got married in Hawaii to evade the requirement of English law that parental consent is required for persons below the age of eighteen to get married? Discuss. Which legal system applies to the formal validity of Mr and Mrs Singh’s marriage in terms of the South African rules of private international law? Which legal system applies to divorce matters in terms of the rules of South African private international law? Mr Singh’s will is formally invalid in terms of English and South African law, but formally valid in terms of Spanish law. Will a South African court regard Mr Singh’s will as formally valid? Discuss. Refer to the relevant provisions of section 3bis of the Wills Act 7 of 1953. Mrs Singh executes the power of appointment in a will that is executed in Italy. Her will is found to be formally invalid in terms of all its possible testing systems, but formally valid in terms of Spanish law. Is the execution of the power of appointment valid in terms of South African law? Refer to the relevant provisions of section 3bis of the Wills Act 7 of 1953. Assume that the Singhs were married in December 1982. Will Mrs Singh be able to claim future maintenance in terms of section 7 of the South African Divorce Act if the decision in Esterhuizen v Esterhuizen 1999 (1) SA 492 (C) is followed? Discuss the court’s reasoning on this specific point, with footnote references to the relevant page and paragraph numbers. Name two international conventions that protect the rights of children in international matters and of which South Africa is a member state. Fashion First (Pty) Ltd is a company incorporated in South Africa, with its central administration and principal place of business in Durban. Mode GmbH is a company incorporated in Germany, with its central administration and principal place of business in Hamburg. The companies conclude an international sales contract under which Fashion First purchases a large consignment of leather shoes and handbags from Mode for €300 000. Payment must be made through a documentary letter of credit issued by RMB in Durban into Mode’s bank account held at Deutsche Bank in Hamburg. The goods must be transported CIF under ICC Incoterms 2020 from Hamburg harbour to Durban harbour. The contract was concluded in France during July 2025 by duly authorised representatives of both companies while attending a conference. Delivery and payment were scheduled for October 2025. The agreement contains an arbitration clause referring disputes arising from the contract or connected matters to ad hoc arbitration in Johannesburg, South Africa. However, the contract does not contain a choice of law clause. Delivery takes place according to the agreement, but Fashion First refuses to pay the purchase price because it claims that the leather shoes are defective. Mode disputes this allegation and maintains that the shoes comply with the contractual description. On 3 February 2026, Mode sends Fashion First a request to refer the dispute to arbitration. How would the arbitral tribunal determine the proper law of the contract? Explain what the CIF Incoterm entails, based on the prescribed reading material by Van Niekerk and Schulze. Germany is a contracting state to the United Nations Convention on Contracts for the International Sale of Goods. Assume that the CISG applies to the following questions. Discuss the remedies available to the buyer under the CISG when goods do not conform to the contract. Would Fashion First be able to claim interest on sums awarded under the arbitral award? Refer to the relevant provisions of the CISG. A German company, acting as the buyer, and a South African company, acting as the seller, conclude an international sales contract. The contract includes an arbitration clause directing that all disputes arising from the contract must be referred to arbitration administered by the London Court of International Arbitration. If the German company obtains an arbitral award in its favour from the London Court of International Arbitration, what are its chances of having the award recognised and enforced against the seller in South Africa? The discussion must refer to Chapter 3 of the International Arbitration Act 15 of 2017 and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, incorporated as Schedule III to the Act. Which legal system governs the material validity of the Singhs’ marriage according to the rules of South African private international law? Would your answer be different if it emerged that the parties got married in Hawaii to evade the requirement of English law that parental consent is required for persons below the age of eighteen to get married? Discuss. Which legal system applies to the formal validity of Mr and Mrs Singh’s marriage in terms of the South African rules of private international law? Which legal system applies to divorce matters in terms of the rules of South African private international law? Mr Singh’s will is formally invalid in terms of English and South African law, but formally valid in terms of Spanish law. Will a South African court regard Mr Singh’s will as formally valid? Discuss. Refer to the relevant provisions of section 3bis of the Wills Act 7 of 1953. Mrs Singh executes the power of appointment in a will that is executed in Italy. Her will is found to be formally invalid in terms of all its possible testing systems, but formally valid in terms of Spanish law. Is the execution of the power of appointment valid in terms of South African law? Refer to the relevant provisions of section 3bis of the Wills Act 7 of 1953. Assume that the Singhs were married in December 1982. Will Mrs Singh be able to claim future maintenance in terms of section 7 of the South African Divorce Act if the decision in Esterhuizen v Esterhuizen 1999 (1) SA 492 (C) is followed? Discuss the court’s reasoning on this specific point, with footnote references to the relevant page and paragraph numbers. Name two international conventions that protect the rights of children in international matters and of which South Africa is a member state.