, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Which legal system is applicable to the proprietary consequences of the Moengs’ marriage in
terms of the rules of South African private international law?
In terms of South African private international law, the proprietary consequences of a marriage are
governed by the lex domicilii matrimonii, which is interpreted as the law of the husband's domicile at
the time of the conclusion of the marriage1 . This rule was confirmed in cases such as Frankel's
Estate v The Master. At the time of their marriage in December 1982, Mr Moeng was domiciled in
Botswana. Therefore, the legal system applicable to the proprietary consequences of the Moengs'
marriage is the law of Botswana1.
2.1. Which legal system governs personal consequences of marriage in terms of the rules of
South African private international law?
The personal consequences of a marriage, which include the personal rights and duties between
spouses such as the duty of support, are governed by the lex domicilii of the spouses at the time of
the transaction in question2 .
2.2. Explain why section 2(3) of the South African Divorce Act 70 of 1979 constitutes an
exception to the rule mentioned in question 2.1 above?
Section 2(3) of the Divorce Act 70 of 1979 provides that a court granting a divorce in terms of the
Act must apply the law of the Republic (the lex fori) as if the parties were domiciled in South Africa
at the time of the institution of the divorce action1. This constitutes an exception to the general rule
mentioned in 2.1 because it mandates the application of South African law to a matter arising from
the marital relationship, such as a maintenance claim during divorce proceedings, even if the spouses
are domiciled elsewhere and the general rule would point to a foreign legal system1.
1: (LJU4804, Study Guide, p. 85)
2: (LJU4804, Study Guide, p. 84)
1. Which legal system is applicable to the proprietary consequences of the Moengs’ marriage in
terms of the rules of South African private international law?
In terms of South African private international law, the proprietary consequences of a marriage are
governed by the lex domicilii matrimonii, which is interpreted as the law of the husband's domicile at
the time of the conclusion of the marriage1 . This rule was confirmed in cases such as Frankel's
Estate v The Master. At the time of their marriage in December 1982, Mr Moeng was domiciled in
Botswana. Therefore, the legal system applicable to the proprietary consequences of the Moengs'
marriage is the law of Botswana1.
2.1. Which legal system governs personal consequences of marriage in terms of the rules of
South African private international law?
The personal consequences of a marriage, which include the personal rights and duties between
spouses such as the duty of support, are governed by the lex domicilii of the spouses at the time of
the transaction in question2 .
2.2. Explain why section 2(3) of the South African Divorce Act 70 of 1979 constitutes an
exception to the rule mentioned in question 2.1 above?
Section 2(3) of the Divorce Act 70 of 1979 provides that a court granting a divorce in terms of the
Act must apply the law of the Republic (the lex fori) as if the parties were domiciled in South Africa
at the time of the institution of the divorce action1. This constitutes an exception to the general rule
mentioned in 2.1 because it mandates the application of South African law to a matter arising from
the marital relationship, such as a maintenance claim during divorce proceedings, even if the spouses
are domiciled elsewhere and the general rule would point to a foreign legal system1.
1: (LJU4804, Study Guide, p. 85)
2: (LJU4804, Study Guide, p. 84)
