JUR5901
Assignment 1 2026
Unique number:
Due Date: 29 May 2026
HASSAN V HASSAN 1998 (2) SA 589 (D): CLASSIFICATION OF MAINTENANCE IN
SOUTH AFRICAN PRIVATE INTERNATIONAL LAW
Facts
In Hassan v Hassan the parties were married in Scotland while both were domiciled there.1
The marriage was concluded without an antenuptial contract and was therefore governed by
Scottish matrimonial property law at the time of its conclusion.1 After the marriage, the
parties emigrated to South Africa and later acquired a South African domicile.1
When the marriage broke down irretrievably, divorce proceedings were instituted in a South
African court.1 The main issues before the court were the division of the spouses’ assets and
whether the plaintiff was entitled to maintenance1. A dispute arose regarding which legal
system should govern these issues. The defendant argued that Scottish law should apply to
both proprietary consequences and maintenance.1 The plaintiff argued that maintenance is a
personal consequence of marriage and should therefore be governed by the lex fori, being
South African law.1 The court was therefore required to classify maintenance and determine
the applicable law.1 Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
HASSAN V HASSAN 1998 (2) SA 589 (D): CLASSIFICATION OF MAINTENANCE
IN SOUTH AFRICAN PRIVATE INTERNATIONAL LAW
Facts
In Hassan v Hassan the parties were married in Scotland while both were domiciled
there.1 The marriage was concluded without an antenuptial contract and was
therefore governed by Scottish matrimonial property law at the time of its
conclusion.2 After the marriage, the parties emigrated to South Africa and later
acquired a South African domicile.3
When the marriage broke down irretrievably, divorce proceedings were instituted in a
South African court.4 The main issues before the court were the division of the
spouses’ assets and whether the plaintiff was entitled to maintenance5. A dispute
arose regarding which legal system should govern these issues. The defendant
argued that Scottish law should apply to both proprietary consequences and
maintenance.6 The plaintiff argued that maintenance is a personal consequence of
marriage and should therefore be governed by the lex fori, being South African law.7
The court was therefore required to classify maintenance and determine the
applicable law.8
Legal Question
The central legal question was whether maintenance should be classified as part of
the proprietary consequences of marriage or as a personal consequence governed
by the lex fori.9
1
Hassan v Hassan 1998 (2) SA 589 (D) para 2.
2
Hassan (n 1) para 5.
3
Hassan (n 1) para 6.
4
Hassan (n 1) para 8.
5
Hassan (n 1) para 10.
6
Hassan (n 1) para 12.
7
Hassan (n 1) para 13.
8
Hassan (n 1) para 14.
9
Hassan (n 1) para 15.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 2026
Unique number:
Due Date: 29 May 2026
HASSAN V HASSAN 1998 (2) SA 589 (D): CLASSIFICATION OF MAINTENANCE IN
SOUTH AFRICAN PRIVATE INTERNATIONAL LAW
Facts
In Hassan v Hassan the parties were married in Scotland while both were domiciled there.1
The marriage was concluded without an antenuptial contract and was therefore governed by
Scottish matrimonial property law at the time of its conclusion.1 After the marriage, the
parties emigrated to South Africa and later acquired a South African domicile.1
When the marriage broke down irretrievably, divorce proceedings were instituted in a South
African court.1 The main issues before the court were the division of the spouses’ assets and
whether the plaintiff was entitled to maintenance1. A dispute arose regarding which legal
system should govern these issues. The defendant argued that Scottish law should apply to
both proprietary consequences and maintenance.1 The plaintiff argued that maintenance is a
personal consequence of marriage and should therefore be governed by the lex fori, being
South African law.1 The court was therefore required to classify maintenance and determine
the applicable law.1 Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,orand
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
HASSAN V HASSAN 1998 (2) SA 589 (D): CLASSIFICATION OF MAINTENANCE
IN SOUTH AFRICAN PRIVATE INTERNATIONAL LAW
Facts
In Hassan v Hassan the parties were married in Scotland while both were domiciled
there.1 The marriage was concluded without an antenuptial contract and was
therefore governed by Scottish matrimonial property law at the time of its
conclusion.2 After the marriage, the parties emigrated to South Africa and later
acquired a South African domicile.3
When the marriage broke down irretrievably, divorce proceedings were instituted in a
South African court.4 The main issues before the court were the division of the
spouses’ assets and whether the plaintiff was entitled to maintenance5. A dispute
arose regarding which legal system should govern these issues. The defendant
argued that Scottish law should apply to both proprietary consequences and
maintenance.6 The plaintiff argued that maintenance is a personal consequence of
marriage and should therefore be governed by the lex fori, being South African law.7
The court was therefore required to classify maintenance and determine the
applicable law.8
Legal Question
The central legal question was whether maintenance should be classified as part of
the proprietary consequences of marriage or as a personal consequence governed
by the lex fori.9
1
Hassan v Hassan 1998 (2) SA 589 (D) para 2.
2
Hassan (n 1) para 5.
3
Hassan (n 1) para 6.
4
Hassan (n 1) para 8.
5
Hassan (n 1) para 10.
6
Hassan (n 1) para 12.
7
Hassan (n 1) para 13.
8
Hassan (n 1) para 14.
9
Hassan (n 1) para 15.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
