24 Questions
What is the essential requirement for a person to acquire a domicile of choice?
The person must be of sound mind and 18 years or older.
Which court has jurisdiction to grant a decree of divorce in the scenario described?
The Cape High Court in South Africa
What determines the matrimonial property regime of the marriage in the scenario described?
The domicile of the spouses at the time of the marriage
What is a necessary requirement for a person to acquire a domicile of choice?
The person must have a lawful presence and the intention to settle.
Who can acquire a domicile of choice?
Any person who has the mental capacity to make a rational choice, regardless of age, sex, or marital status
What is the requirement for a person to have the capacity to acquire immovable property?
The person must have the mental capacity to make a rational choice.
What determines the jurisdiction to grant a decree of divorce?
The law of the country where the divorce action was instituted
Who has the capacity to marry?
Any person who has the mental capacity to make a rational choice, regardless of age, sex, or marital status
Which of the following establishes a court's jurisdiction in a divorce action?
Either party is domiciled in the court's area of jurisdiction on the date the action is instituted
What determines the capacity of a person to marry in a foreign country?
The law of the country where the marriage is taking place
What determines a person's capacity to acquire immovable property in a foreign country?
The law of the country where the property is situated
What is a key principle of domicile?
No person can have more than one domicile at any time
When can a court have jurisdiction in a divorce action?
If the parties are domiciled in the court's area of jurisdiction on the date the action is instituted
What is the significance of 'lex loci' in determining capacity?
It refers to the law of the country where the act is taking place
What determines a person's capacity to conclude a simple contract?
The law of the country of their domicile
In the context of jurisdiction in divorce proceedings, what does 'ordinarily resident' mean?
The person has been living in the country for at least a year
What is the primary function of domicile in determining a person's private law status?
To connect a person to a legal system
According to the general rule in South Africa, which law determines a person's private law status?
The law of the place where the person is domiciled
What is the determining factor in deciding which country's legal system will determine a person's capacity to marry?
The person's domicile
In which country's legal system will Sam's capacity to marry be determined, according to the general rule in South Africa?
Nebraska
What is the significance of lex loci in determining a person's private law status?
It is the law of the place where the person is domiciled
What is the capacity to acquire immovable property determined by?
The law of the place where the person is domiciled
In which country's legal system will a person's capacity to divorce be determined, according to the general rule in South Africa?
The country where the person is domiciled
What is the significance of domicile of choice in determining a person's private law status?
It is the domicile chosen by the person, which determines their private law status
Study Notes
Jurisdiction in Divorce Cases
- A court has jurisdiction in a divorce action if either party is domiciled in the court's area of jurisdiction on the date the action is instituted or if either party is ordinarily resident in the court's area of jurisdiction on the date the action is instituted and has been ordinarily resident in the Republic for at least a year immediately prior to that date.
Domicile
- Domicile is a connecting factor between a person and a legal system to determine their private law status.
- A person's private law status is determined by the law of the place/country where they are domiciled (lex loci domicilii).
Capacity to Act
- The legal system of a country determines a person's capacity to act, such as marrying or concluding contracts.
- A person's domicile determines which legal system will determine their capacity to act.
Kinds of Domicile
Domicile of Choice
- A domicile of choice is a domicile that a person, who is competent, has chosen for themselves.
- Requirements for a domicile of choice include:
- Lawful presence
- Physical presence (factum)
- Intention to settle at a particular place for an indefinite period of time (animus manendi)
Domicile and Status
- The law of the country determines a person's private law status.
- A person must be connected to a legal system for their status to be determined.
- The domicile of a person connects them to a legal system for the purpose of determining their private law status.
Golden Rules of Domicile
- No person can be without a domicile at any time.
- No person can have more than one domicile at any time.
This quiz tests your understanding of the jurisdiction of a court in a divorce action, including the requirements for domicile and residency.
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