JUR5901
Assignment 1 2026
Unique number:
Due Date: 29 May 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
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+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.
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 1 2026
Unique number:
Due Date: 29 May 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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.
© Study Shack 2026. All rights Reserved +27 81 278 3372
