Description

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]

Reviews

There are no reviews yet.

Only logged in customers who have purchased this product may leave a review.

Description

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]

Reviews

There are no reviews yet.

Only logged in customers who have purchased this product may leave a review.

17
    17
    Your Shopping Cart
    EMA1501 Assignment 4 2024 | Due 20 August 2024
    EMA1501 Assignment 4 2024 | Due 20 August 2024
    Seller:

    Aimark94

    Price: R100.00
    R100.00
    MNO3704 Assignment 5 Semester 2 2024 | Due 25 October 2024
    R80.00
    TAX2601 Assignment 2 (Quiz) Semester 1 Memo | Due May 2025
    R100.00
    FIS2603 Assignment 2 Semester 1 Memo | Due 17 April 2025
    R100.00
    PVL3704 Exam Pack 2025
    PVL3704 Exam Pack 2025
    Seller:

    Unisian

    Price: R80.00
    R80.00
    IRM1501 Assignment 2 Semester 2 Memo | Due 19 September 2025
    R50.00
    HRM3704 Assignment 2 Semester 1 Memo | Due 24 April 2025
    R100.00
    ENG1516 Assignment 2 Memo | Due 28 May 2025
    ENG1516 Assignment 2 Memo | Due 28 May 2025
    Seller:

    Aimark94

    Price: R50.00
    R50.00
    ENG1502 Assignment 3 2024 | Due 22 August 2024
    ENG1502 Assignment 3 2024 | Due 22 August 2024
    Seller:

    Aimark94

    Price: R100.00
    R100.00
    RSE4801 Assignment 4 2024 | Due 25 September 2024
    RSE4801 Assignment 4 2024 | Due 25 September 2024
    Seller:

    Aimark94

    Price: R100.00
    R100.00
    TRL2604 Assignment 3 Semester 1 Memo | Due 24 April 2025
    R100.00
    MAC2602 Assignment 2 Semester 1 Memo | Due 7 April 2025
    R100.00
    LML4801 Assignment 2 Semester 1 Memo | Due 25 April 2025
    R100.00
    COM3701 Assignment 1 Semester 1 Memo | Due 27 March 2025
    R100.00
    ENG2603 Assignment 3
    ENG2603 Assignment 3 2024 | Due 13 September 2024
    Seller:

    Aimark94

    Price: R100.00
    R100.00
    ENG1501 Assignment 3 2024 | Due 6 August 2024
    ENG1501 Assignment 3 2024 | Due 6 August 2024
    Seller:

    Aimark94

    Price: R50.00
    R50.00
    RFP2601 Assignment 2 2024 | Due 1 July 2024
    RFP2601 Assignment 2 2024 | Due 1 July 2024
    Seller:

    Aimark94

    Price: R80.00
    R80.00