Summary LJU4804 ASSIGNMENT 1 FOR SEMESTER 1 OF 2024 [615950]
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Course
LJU4804 (LJU4804)
Institution
University Of South Africa (Unisa)
Book
Private International Law
1.1 The court has to determine which legal system should be applied to John’s claim for redistribution of assets. Assume for purposes of this question that redistribution of assets is classified as a divorce matter under English law, but as a proprietary consequence of marriage under South Africa...
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LJU4804 ASSIGNMENT 1 FOR SEMESTER 1
OF 2024
UNIQUE CODE: 615950
, 1.1 The court has to determine which legal system should be applied to John’s claim for
redistribution of assets. Assume for purposes of this question that redistribution of
assets is classified as a divorce matter under English law, but as a proprietary
consequence of marriage under South African law. Which legal system will the court
apply to the redistribution of assets if the via media approach to classification is
applied?
Note: You have to provide the classification tables for both lex fori and lex causae
classification and base your answer on policy considerations as per the via media
approach. (12)
Lex Fori SA PIL Rule
Which System
Classification Rule Category (Connecting Rule Applicable?
Applicable?
(SA) Factor)
Proprietary No (English law
Domicile at time
SA consequence of England classifies it as a
of marriage
marriage divorce matter)
Lex Causae SA PIL Rule
Which System
Classification Rule Category (Connecting Rule Applicable?
Applicable?
(England) Factor)
Proprietary No (English law doesn't
Domicile at time
SA consequence of England have a rule for
of marriage
marriage redistribution)
Not applicable (claim
not classified as a
English Divorce matter N/A N/A
divorce matter under
Lex Fori)
Policy Considerations:
Equality and fairness: South African law (s 7(3)) provides a mechanism for
redistribution of assets based on contributions during the marriage.
Certainty and predictability: Applying South African law ensures a clear and
predictable outcome for John's claim.
Proper law of the marriage: Initially, the marriage was domiciled in England, but
most of the marital life was spent in South Africa.
1
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