, LJU4804 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026
(250655) - DUE 30 March 2026;100% trusted, comprehensive and
complete reliable solution with clear explanation
Question 1
Which legal system is applicable to the proprietary consequences of
the Moengs’ marriage in terms of the rules of South African private
international law?
The proprietary consequences of the marriage are governed by the law
of the matrimonial property regime applicable at the time of marriage or
as subsequently modified by the parties’ agreement or conduct. Under
South African private international law, the lex domicilii of the spouses
at the time of the marriage or the lex domicilii at the time of divorce is
usually applied. In this case, the Moengs were domiciled in Botswana at
marriage and later established domicile in South Africa in 1984. Since
the proprietary consequences arise from the marital regime, South
African law will apply because the parties are now domiciled in South
Africa, and the matrimonial property regime is governed by the law of
the current domicile at the time of divorce.
Answer: South African law applies to the proprietary consequences of
the marriage.
Question 2.1
Which legal system governs personal consequences of marriage in
terms of the rules of South African private international law?
In South African private international law, the personal consequences of
marriage such as the capacity to marry, the status of the spouses, and
other personal rights and obligations are generally governed by the lex
(250655) - DUE 30 March 2026;100% trusted, comprehensive and
complete reliable solution with clear explanation
Question 1
Which legal system is applicable to the proprietary consequences of
the Moengs’ marriage in terms of the rules of South African private
international law?
The proprietary consequences of the marriage are governed by the law
of the matrimonial property regime applicable at the time of marriage or
as subsequently modified by the parties’ agreement or conduct. Under
South African private international law, the lex domicilii of the spouses
at the time of the marriage or the lex domicilii at the time of divorce is
usually applied. In this case, the Moengs were domiciled in Botswana at
marriage and later established domicile in South Africa in 1984. Since
the proprietary consequences arise from the marital regime, South
African law will apply because the parties are now domiciled in South
Africa, and the matrimonial property regime is governed by the law of
the current domicile at the time of divorce.
Answer: South African law applies to the proprietary consequences of
the marriage.
Question 2.1
Which legal system governs personal consequences of marriage in
terms of the rules of South African private international law?
In South African private international law, the personal consequences of
marriage such as the capacity to marry, the status of the spouses, and
other personal rights and obligations are generally governed by the lex
