LJU4804 PRIVATE INTERNATIONAL LAW VERIFIED EXAM SOLUTIONS -
COMPREHENSIVE QUESTIONS AND ANSWERS - CURRENT VERSION
Topics Covered
1. Introduction to Private International Law
2. Jurisdiction
3. Choice of Law — General Principles
4. Domicile
5. Contracts
6. Delict (Tort)
7. Property
8. Family Law — Marriage
9. Family Law — Divorce
10.Family Law — Children
11.Succession
12.Corporations and Companies
13.Insolvency
14.Public Policy (Ordre Public)
15.Recognition and Enforcement of Foreign Judgments
16.Arbitration in PIL
17.Capacity
18.Status
19.Procedure vs Substance
20.Evidence of Foreign Law
21.Evasion of Law (Fraus Legis)
22.Hague Conference and International Conventions
23.South African PIL Issues
24.Maintenance and Support
25.Unjust Enrichment and Restitution
26.Trusts
27.Negotiable Instruments
Page 1 of 46
,28.Insurance
29.Employment
30.Digital and Cyber PIL
31.Specific PIL Doctrines
32.Key South African Cases
33.Choice of Law in Specific Areas
34.Enforcement and Judicial Cooperation
35.Advanced Topics
36.Mixed Review
Page 2 of 46
,Introduction to Private International Law
Question Answer
1. What is Private International PIL is the branch of law that deals with
Law (PIL)? cases involving a foreign element — it
determines which country's law applies,
which court has jurisdiction, and whether
foreign judgments will be recognised and
enforced.
2. What is another common Conflict of Laws.
name for Private International
Law?
3. What are the three main (1) Jurisdiction: which court can hear the
questions addressed by PIL? case; (2) Choice of law: which country's
law applies; (3) Recognition and
enforcement of foreign judgments.
4. What does the term 'foreign A factor connecting the legal situation to
element' mean in PIL? more than one legal system, such as a
party's foreign domicile, a contract
concluded abroad, or property situated in
another country.
5. Is PIL truly 'international' No. Despite its name, PIL is mostly
law? domestic (national) law — each country
has its own PIL rules, though there is
growing harmonisation through treaties
and conventions.
6. What is the historical origin PIL traces its roots to 13th-century Italian
of PIL? city-state statutes (statute theory),
developed by scholars like Bartolus de
Saxoferrato.
7. Name three South African Roman-Dutch common law, English law
sources of PIL. influence, legislation (e.g., the Recognition
of Foreign Marriages Act), and case law.
8. What role does the The Constitution (Act 108 of 1996)
Constitution play in South requires PIL rules to be interpreted
African PIL? consistently with constitutional values
Page 3 of 46
, Question Answer
such as equality, dignity, and access to
courts.
9. What is meant by The process of identifying the country or
'localisation' of a legal legal system with which a legal
relationship? relationship is most closely connected, so
as to determine the applicable law.
10. Distinguish between PIL PIL governs private legal relationships
and Public International Law. with a foreign element; Public
International Law governs relations
between states and international
organisations under international legal
norms.
Jurisdiction
Question Answer
11. What is jurisdiction in PIL? The power or authority of a court to hear
and determine a legal dispute. In PIL it
refers to which country's court has
competence over a case with a foreign
element.
12. What are the main grounds Presence or service within the territory,
of jurisdiction in South Africa? submission, domicile, and statutory
grounds.
13. What is the principle of The plaintiff must sue the defendant in the
actor sequitur forum rei? court of the defendant's domicile or
residence — 'the plaintiff follows the
forum of the defendant'.
14. What is prorogation of An agreement by the parties to submit to
jurisdiction? the jurisdiction of a particular court,
thereby conferring or extending that
court's jurisdiction.
Page 4 of 46
COMPREHENSIVE QUESTIONS AND ANSWERS - CURRENT VERSION
Topics Covered
1. Introduction to Private International Law
2. Jurisdiction
3. Choice of Law — General Principles
4. Domicile
5. Contracts
6. Delict (Tort)
7. Property
8. Family Law — Marriage
9. Family Law — Divorce
10.Family Law — Children
11.Succession
12.Corporations and Companies
13.Insolvency
14.Public Policy (Ordre Public)
15.Recognition and Enforcement of Foreign Judgments
16.Arbitration in PIL
17.Capacity
18.Status
19.Procedure vs Substance
20.Evidence of Foreign Law
21.Evasion of Law (Fraus Legis)
22.Hague Conference and International Conventions
23.South African PIL Issues
24.Maintenance and Support
25.Unjust Enrichment and Restitution
26.Trusts
27.Negotiable Instruments
Page 1 of 46
,28.Insurance
29.Employment
30.Digital and Cyber PIL
31.Specific PIL Doctrines
32.Key South African Cases
33.Choice of Law in Specific Areas
34.Enforcement and Judicial Cooperation
35.Advanced Topics
36.Mixed Review
Page 2 of 46
,Introduction to Private International Law
Question Answer
1. What is Private International PIL is the branch of law that deals with
Law (PIL)? cases involving a foreign element — it
determines which country's law applies,
which court has jurisdiction, and whether
foreign judgments will be recognised and
enforced.
2. What is another common Conflict of Laws.
name for Private International
Law?
3. What are the three main (1) Jurisdiction: which court can hear the
questions addressed by PIL? case; (2) Choice of law: which country's
law applies; (3) Recognition and
enforcement of foreign judgments.
4. What does the term 'foreign A factor connecting the legal situation to
element' mean in PIL? more than one legal system, such as a
party's foreign domicile, a contract
concluded abroad, or property situated in
another country.
5. Is PIL truly 'international' No. Despite its name, PIL is mostly
law? domestic (national) law — each country
has its own PIL rules, though there is
growing harmonisation through treaties
and conventions.
6. What is the historical origin PIL traces its roots to 13th-century Italian
of PIL? city-state statutes (statute theory),
developed by scholars like Bartolus de
Saxoferrato.
7. Name three South African Roman-Dutch common law, English law
sources of PIL. influence, legislation (e.g., the Recognition
of Foreign Marriages Act), and case law.
8. What role does the The Constitution (Act 108 of 1996)
Constitution play in South requires PIL rules to be interpreted
African PIL? consistently with constitutional values
Page 3 of 46
, Question Answer
such as equality, dignity, and access to
courts.
9. What is meant by The process of identifying the country or
'localisation' of a legal legal system with which a legal
relationship? relationship is most closely connected, so
as to determine the applicable law.
10. Distinguish between PIL PIL governs private legal relationships
and Public International Law. with a foreign element; Public
International Law governs relations
between states and international
organisations under international legal
norms.
Jurisdiction
Question Answer
11. What is jurisdiction in PIL? The power or authority of a court to hear
and determine a legal dispute. In PIL it
refers to which country's court has
competence over a case with a foreign
element.
12. What are the main grounds Presence or service within the territory,
of jurisdiction in South Africa? submission, domicile, and statutory
grounds.
13. What is the principle of The plaintiff must sue the defendant in the
actor sequitur forum rei? court of the defendant's domicile or
residence — 'the plaintiff follows the
forum of the defendant'.
14. What is prorogation of An agreement by the parties to submit to
jurisdiction? the jurisdiction of a particular court,
thereby conferring or extending that
court's jurisdiction.
Page 4 of 46
