LJU4804 Assignment 1 2025 (Exceptionally Crafted) Semester 2 2025 Due 29 August 2025

LJU4804
Assignment 1
Semester 2 2025
Due 29 August 2025

, LJU4804

Assignment 1

Semester 2 2025

Due 29 August 2025



Private International Law



Conflict of Laws: Classification and Policy Approaches



1.1 Lex Fori and Lex Causae Classifications in Redistribution

Under South African private international law (PIL), the proprietary consequences of
marriage are ordinarily governed by the lex domicilii matrimonii. On this basis,
English law applies. However, English law treats redistribution as a divorce matter
rather than a proprietary consequence, and therefore redistribution does not fall within
its proprietary rules.

From the perspective of English law, redistribution is classified as a divorce matter
governed by the lex fori. Here, South African law applies. Yet South African law
regards redistribution as a proprietary consequence of marriage, and redistribution does
not form part of its divorce rules.

Rule Category SA PIL Rule Applicable Rule Applicable?
(Connecting System
Factor)

Proprietary Lex domicilii English law No – redistribution is a
consequence of matrimonii divorce matter under
marriage (SA law) English law