Well-structured LJU4804 PORTFOLIO (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow.
LJU4804 OCT NOV 2024
3
John and Mary Smith got married in Hawaii in ...
LJU4804 October November PORTFOLIO Semester 2 2024 - DUE 18 October 2024 (ANSWERS) ;Assignment,(Elaboration) -100% satisfaction guarantee @UNISA2024
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024 | Private International Law (LJU4804)
LJU4804 October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.
All for this textbook (42)
Written for
University of South Africa (Unisa)
Private International Law (LJU4804)
All documents for this subject (30)
Seller
Follow
dochub
Reviews received
Content preview
LJU4804
PORTFOLIO Semester 2 2024
Unique Number:
Due Date: 18 October 2024
QUESTION 1
1.1.
In terms of South African private international law, the legal system that applies to the formal
validity of a marriage is determined by the law of the place where the marriage was
celebrated (lex loci celebrationis). Since John and Mary were married in Hawaii in December
1983, the law of Hawaii would govern the formal validity of their marriage. Thus, Hawaiian
law applies to the formal requirements of their marriage, such as whether the marriage was
properly solemnized according to the legal standards in Hawaii.
DISCLAIMER & TERMS OF USE
1. Educational Aid: These study notes are designed to serve as educational aids and should not be considered as a
substitute for individual research, critical thinking, or professional guidance. Students are encouraged to
conduct their own extensive research and consult with their instructors or academic advisors for specific
assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information provided in these study notes, the seller cannot guarantee the completeness or correctness of all
the content. It is the responsibility of the buyer to verify the accuracy of the information and use their own
judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their institution's
policies and guidelines regarding plagiarism, citation, and referencing. These study notes should be used as a
tool for learning and inspiration, but any direct reproduction of the content without proper acknowledgment and
citation may constitute academic misconduct.
4. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect damages,
losses, or consequences arising from the use of the notes. This includes, but is not limited to, poor grades,
academic penalties, or any other negative outcomes resulting from the application or misuse of the information
provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
In terms of South African private international law, the legal system that applies to the
formal validity of a marriage is determined by the law of the place where the marriage
was celebrated (lex loci celebrationis). Since John and Mary were married in Hawaii
in December 1983, the law of Hawaii would govern the formal validity of their marriage.
Thus, Hawaiian law applies to the formal requirements of their marriage, such as
whether the marriage was properly solemnized according to the legal standards in
Hawaii.
1.2.
In private international law, domicile is determined by both physical presence and the
intention to remain in a particular place indefinitely. At the time of entering into the
marriage in December 1983, the South African court would need to assess John's
domicile by considering two key factors:
1. Physical Presence: The court would examine where John was physically
present before and during the marriage. In this case, John was working in New
York on a fixed-term contract at the time of the marriage.
2. Intention to Settle: The court would also look at John’s intention regarding
where he intended to make his permanent home. Although John was living in
New York temporarily, he was in negotiations for a permanent position in South
Africa before the marriage. If John intended to settle in South Africa
permanently once he secured the job, his domicile at the time of marriage would
be South Africa. However, if his intention at the time was to remain in New York
indefinitely, that could indicate domicile in New York.
The court will assess whether John had formed a fixed intention to reside permanently
in South Africa by considering his negotiations for the job and other relevant factors.
Since domicile is determined by a combination of physical presence and intent, the
court would ultimately make a fact-based determination on whether John had an
intention to remain in South Africa at the time of marriage.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller dochub. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.83. You're not tied to anything after your purchase.
