Description
JUR5901 Assignment 2 Semester 1 2026 – Due 9 August 2026
REQUIRED ASSIGNMENT CONTENT
This assignment constitutes the research outline for Assignment 3.
Assignment 3 is a research paper. Assignment 3’s question reads as follows:
Read the following paragraph and answer the question that follows:
Question:
The lex domicilii matrimonii and its interpretation as the law of the husband’s domicile at the
time of entering into a marriage, is patently in conflict with section 9 of the Constitution, 1996.
Project 100E of the South African Law Reform Commission is still ongoing and in Discussion
Paper 160, a draft section 2(5) of the Divorce Act is proposed. During this project, vast
amounts of comparative research was conducted to find workable alternatives to the current
connecting factor that represent international best practice.
To evaluate the feasibility of the proposed section 2(5), you are required to provide a
comparative analysis of the connecting factors for the proprietary consequences of marriage
utilised under two European Continental and two Anglo-American legal systems. Do not
discuss the matrimonial property regimes of the chosen jurisdictions, only focus on the
connecting factors. You are required to also engage with the proposals for reform made by
authors. Provide your own insights in respect of alternatives to the South African connecting
factor based on your comparative discussion.
For Assignment 2, you must submit:
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