LJU4804
Assignment 1
Semester 2 2024
(572574) - DUE 30
August 2024
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, LJU4804 Assignment 1 Semester 2 2024 (572574) - DUE 30 August
2024
1 Which legal categories are used in terms of the via media approach to
classification? (1)
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 international law, the matter is referred
to Mauritian law, and that Mauritian law refers this matter back to South
African law, what would your answer to the following questions be?
2.1 If the South African court follows a partial renvoi approach, which legal
system will be applied to the formal validity of the marriage in question?
Motivate your answer. (3)
2.2 If the South African court rejects renvoi (follows a no renvoi approach),
which legal system will it apply to the formal validity of the marriage? (1)
3 Mary sued her husband John for divorce in the South Gauteng High
Court in January 2024. John and Mary got married in 1996 while on holiday
in Mauritius. At that time, they were both domiciled in England and
Australian citizens. In 1998, they relocated to Johannesburg, South Africa
and established a domicile there.
3.1 In 1994, John obtained a divorce from his first wife, Susan, in the
Caymen Islands. At the time of the divorce, John and Susan were
domiciled in Australia, but Susan had resided in the Cayman Islands since
1992, due to being employed there. When will a South African court
Assignment 1
Semester 2 2024
(572574) - DUE 30
August 2024
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, LJU4804 Assignment 1 Semester 2 2024 (572574) - DUE 30 August
2024
1 Which legal categories are used in terms of the via media approach to
classification? (1)
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 international law, the matter is referred
to Mauritian law, and that Mauritian law refers this matter back to South
African law, what would your answer to the following questions be?
2.1 If the South African court follows a partial renvoi approach, which legal
system will be applied to the formal validity of the marriage in question?
Motivate your answer. (3)
2.2 If the South African court rejects renvoi (follows a no renvoi approach),
which legal system will it apply to the formal validity of the marriage? (1)
3 Mary sued her husband John for divorce in the South Gauteng High
Court in January 2024. John and Mary got married in 1996 while on holiday
in Mauritius. At that time, they were both domiciled in England and
Australian citizens. In 1998, they relocated to Johannesburg, South Africa
and established a domicile there.
3.1 In 1994, John obtained a divorce from his first wife, Susan, in the
Caymen Islands. At the time of the divorce, John and Susan were
domiciled in Australia, but Susan had resided in the Cayman Islands since
1992, due to being employed there. When will a South African court
