LJU 3804 Assessment 1 second semester 2023 (690973)

LJU4804

Private International Law

ASSIGNMENT 1 FOR SECOND SEMESTER STUDENTS

UNIQUE NUMBER: 690973

DUE DATE: 31 August – 23:00 (CAT)

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Question 1

Which legal system will be found applicable to the material/inherent validity of the Kumars’
marriage according to the principles of South African private international law? (2)




According to the principles of South African private international law, the legal system that will
be found applicable to the material/inherent validity of the Kumars' marriage is the law of the

place where the marriage was celebrated, which in this case is Zanzibar.




In South African private international law, the validity of a marriage is determined by the law of
the place where the marriage was celebrated. This principle is known as the lex loci

celebrationis rule. It means that the legal requirements for a valid marriage are determined by

the law of the country or jurisdiction where the marriage ceremony took place.




In the given scenario, Mr and Mrs Kumar got married in Zanzibar in December 1982. Therefore,
the material/inherent validity of their marriage will be determined by the laws of Zanzibar, the
place where the marriage was celebrated.