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LJU4804 Assignment 1 Semester 2 2024 | Due 30 August 2024. All questions answered with references.
Answer the questions below: 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 recognise and enforce a foreign divorce order? Discuss the relevant provision under the Divorce Act 70 of 1979. (3) 3.2 Which legal system will a South African court apply to divorce issues? (1) 3.3 Is the determination of the validity of John’s first divorce an incidental question properly so-called or not properly so-called? Motivate your answer. (2) 3.4 How would a South African court determine Susan’s domicile at the time of her divorce from John? Discuss the relevant principles under the Domicile Act 3 of 1992. (3)
4 The current connecting factor for determining the law applicable to the proprietary consequences of a marriage is in need of reform. What is Schoeman’s proposal for reform? (Note: read Schoeman 2001 TSAR 74 – 83) (3) 5 Section 3 bis (1)(c) of the Wills Act 7 of 1953 provides an additional testing ground for the formal validity of a power of appointment. Explain this provision in your own words. (3) TOTAL: [20]
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