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The Demise of the Lex Domicilii Matrimonii in South African Private International Law
by Sibusiso Mabaso, Lecturer in Private International Law, University of South Africa
For many years, South African private international law relied on the lex domicilii matrimonii as connecting factor to determine the legal system applicable to the proprietary consequences of a marriage. The lex domicilii matrimonii is interpreted as the husband’s domicile at the time of entering into the marriage. This rule was firmly entrenched in South African law since it was formally adopted in Frankel’s Estate v The Master & Another 1950(1) SA 220 (A) and reinforced in subsequent decisions, the latest being LE v LA 2024 (5) SA 539 (GJ). Despite the courts’ reliance on this rule, it became increasingly evident that it is not compatible with South Africa’s Constitutional commitment to equality, dignity and non-discrimination (Constitution of the Republic of South Africa, 1996). The Westen Cape High Court has finally addressed this discriminatory connecting factor in a judgment delivered on 24 June 2026 in Pringle v Minister of Justice and Constitutional Development and Others (2468 / 2024) [2026] ZAWCHC 343.
Support in cross-border transactions by Adults: Contract law vs capacity law
Thalia Kruger, University of Antwerp & Senior Research Associate, University of Johannesburg
This piece is based on a paper that I presented at the World Congress on Adults Protection, held in Amsterdam from 8 to 10 July 2026. It is still work in progress.
The World Conference focused on capacity rather than vulnerability and incapacity of Adults. This choice of theme resulted in much discussion on support for the exercise of capacity. Supported decision-making rather than replaced decision-making for an incapacitated person poses challenges for Private International Law, especially of the Von Savigny tradition. Our approach is to first characterise and then find which laws we can apply. But it is exactly this characterisation that is becoming blurry: to be fully in compliance with the UN Convention on the Rights of Persons with Disabilities people should be allowed to make decisions, i.e. conclude contracts with the help of others. There should be no boxes of capacitated and incapacitated persons. No longer can only the former conclude contracts, while the latter have to be represented by guardians or other persons with a representation function. In Adult law some concepts are phasing out, while others are being reinterpreted by legislators and courts.
Below, after briefly explaining the move towards supported decision-making in substantive family law and human rights law, I turn to the available legal framework for cross-border cases, then to the difficult question of characterisation, and lastly to cross-border recognition.
Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders
I. Introduction
Recent years have witnessed a movement towards the dejudicialization of consensual divorce and the proliferation of extrajudicial divorce mechanisms notably in Europe. While this mode of “private divorce” is not, as such, a new phenomenon and extrajudicial divorce has been practised in different forms across various parts of the world (see e.g., Béligh Elbalti, “Le divorce au Japon et son accueil en Tunisie” (2026) 73 Osaka University Law Review 6), it has attracted increasing attention in recent years, given the growing number of European jurisdictions that have introduced mechanisms allowing spouses to dissolve their marriage outside the courts, as well as the complex questions that such divorces raise in terms of their recognition and circulation across borders (for a comparative view in Europe, see e.g., CJEU, Directorate for Research and Documentation, “Extrajudicial Divorce: Rules, Procedures and Cross-Border Recognition in Member States” (Research Note, February 2022) 3; Pablo Quinzá Redondo, “The Recognition of Non-Judicial Divorces in Europe” in Konrad Duden and Denise Wiedemann (eds), Changing Families, Changing Family Law in Europe (Intersentia, 2024) 23). This is particularly true of the Italian form of extrajudicial divorce, introduced by Decree-Law No. 132/2014, converted into Law No. 162/2014, which allows spouses meeting specified conditions to obtain a divorce through an agreement before the civil registrar, rather than through a court.
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Clarity in Complexity: Nadia Rusinova’s Practical Handbook on EU Family Law, Part II – International Child Abduction Litigation
In an earlier post on this blog, we presented Part 1 of Nadia Rusinova’s Practical Handbook on EU Family Law, highlighting its success in bringing clarity and structure to the complex framework of cross-border family law in the European Union.
The project has now been extended with the publication of Part 2: Litigating International Child Abduction Cases under the 1980 Hague Convention in the EU (2026, ISBN 978-619-93392-1-3). While Part 1 provides the conceptual and terminological foundations, Part 2 applies them to one of the most demanding areas of cross-border family law: international child abduction proceedings.
The new handbook may be viewed and downloaded free of charge.
New book: Droit International Privé by Marc Fallon, Jean-Yves Carlier and Stéphanie Francq
The standard textbook of Belgian Private International Law in French has just been published in its fourth edition (by Larcier Intersentia). The great scholar François Rigaux published the first version of this précis in 1977-1979 (in two volumes). The second edition followed in 1987-1993, and the third in 2005. While the third edition comprised a single volume, it comes as no surprise that the number of legislative texts and court decisions have obliged the authors to return to the two-volume format. Printed in small typeset and on thin paper, the entire work surpasses 2000 pages. The book forms part of the series Precis de la faculté de droit et de criminologie de l’UCLouvain. The two volumes are truly a “travail de moine” (a very detailed and painstaking work that requires much time and patience).
Conference Report ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’ (University of Groningen, 29 May 2026)
This report was written by Josephine Götze, LL.M.-student at the University of Groningen. An extended version will appear in a forthcoming edited volume published by Springer.
On 29 May 2026, the WEAKER PIL research line at the Faculty of Law of the University of Groningen hosted the symposium ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’ at the House of Connections in Groningen. The symposium brought together scholars from both jurisdictions across four fields of law: private international law, civil procedure, criminal procedure, and administrative procedural law. They were joined by practitioners, emerging scholars, and more than 40 participants.