LJU4804
Assignment 1
Semester 2 2025
Due 29 August 2025
, LJU4804
Assignment 1
Semester 2 2025
Due 29 August 2025
Conflict of Laws: Classification and Policy Approaches
1.1 Lex Fori and Lex Causae Classifications in Redistribution
Under South African private international law, the proprietary consequences of marriage
are ordinarily governed by the lex domicilii matrimonii. On this basis, English law
applies. However, English law treats redistribution as a divorce matter rather than as a
proprietary consequence, and thus does not provide for redistribution within its
proprietary rules.
From the perspective of English law, redistribution is classified as a divorce matter
governed by the lex fori. Here, South African law applies. Yet, under South African law,
redistribution is treated as a proprietary consequence of marriage, and redistribution
does not form part of divorce rules.
Rule Category SA PIL Rule Applicable Rule Applicable?
(Connecting System
Factor)
Proprietary Lex domicilii English law No – redistribution is a
consequence of matrimonii divorce matter under
marriage (SA law) English law
Divorce matter Lex fori South No – redistribution is a
(English law) African law proprietary consequence
under South African law
Assignment 1
Semester 2 2025
Due 29 August 2025
, LJU4804
Assignment 1
Semester 2 2025
Due 29 August 2025
Conflict of Laws: Classification and Policy Approaches
1.1 Lex Fori and Lex Causae Classifications in Redistribution
Under South African private international law, the proprietary consequences of marriage
are ordinarily governed by the lex domicilii matrimonii. On this basis, English law
applies. However, English law treats redistribution as a divorce matter rather than as a
proprietary consequence, and thus does not provide for redistribution within its
proprietary rules.
From the perspective of English law, redistribution is classified as a divorce matter
governed by the lex fori. Here, South African law applies. Yet, under South African law,
redistribution is treated as a proprietary consequence of marriage, and redistribution
does not form part of divorce rules.
Rule Category SA PIL Rule Applicable Rule Applicable?
(Connecting System
Factor)
Proprietary Lex domicilii English law No – redistribution is a
consequence of matrimonii divorce matter under
marriage (SA law) English law
Divorce matter Lex fori South No – redistribution is a
(English law) African law proprietary consequence
under South African law
