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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +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.
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +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.
