Preview

Article on Domicile

Good Essays
Open Document
Open Document
5763 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Article on Domicile
Domicile
Chapter I
INTRODUCTION
Domicile is considered to be a connecting factor which links a person with a particular legal system. This legal system includes his personal law which determines the legal capacity of that person as for example whether that person has the legal capacity to marry or how the property of a deceased person is to be distributed. For instance a married man domiciled in England is under the jurisdiction of England for purposes of dissolving or annulling his marriage.
The concept of domicile is not just confined to conflict of laws but also extends to tax law and in fact many leading judgments defining domicile are tax cases.
1.1 Definition of Domicile:
The general meaning of domicile is 'permanent home'. But Lord Cranworth V-C in Whicker v Hume has defined domicile as,
"By 'domicile' we mean home, the permanent home; and if you do not understand your permanent home, I am afraid that no illustration drawn from foreign writers or foreign languages will very much help you to it. I think the best I have heard is one which describes the home as the place (I believe there is one definition in which the 'lares' are alluded to), the place 'unde non sit discessurus si nihal avocet; unde cum profectus est, peregrinari videtur.' I think that it is the best illustration, and I use that word rather than definition, to describe what I mean."
Therefore a person is said to have home in a country where he resides permanently without any intention of moving. On the other hand a person does not cease to have his permanent home in a country merely because he is temporarily residing elsewhere.
But the traditional concept of domicile has received criticism from reform agencies in England as well as in other countries which follow English common law. This disapprobation is based mainly on two grounds, which were also pointed out in 1954 (First Report of the Private International Law Committee, Cmnd 9068).
First point of contention relates to the

You May Also Find These Documents Helpful

  • Good Essays

    Tenure is classed as ‘The legal relationship between the resident and the home they inhabit’.…

    • 2462 Words
    • 10 Pages
    Good Essays
  • Good Essays

    New England Colonies Summary

    • 2987 Words
    • 12 Pages

    3. domain ~ territory or land over which authority or dominion is granted to an individual.…

    • 2987 Words
    • 12 Pages
    Good Essays
  • Good Essays

    Home is defined as the place in which one lives or resides, usually with those they love. However in Thomas Kings “Borders” a family is kept from their home and loved ones because of a difference in opinion of what defines a home. In his short story of determination ad persistence King uses the duty free store and its parking lot to define the family’s home and what exactly that means to both them and the world. For simply borders surrounding you but how can one truly define some home know what is home, for it is different for everyone.…

    • 808 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Effect: emphasises the absence of a stanle fixed home for the migrants. They feel they do not belong in their current location. They are also “uncertain” about their furutre “track”.…

    • 1911 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Threadless

    • 365 Words
    • 9 Pages

    4. If there is a conflict between common law and statute law which law prevails?…

    • 365 Words
    • 9 Pages
    Satisfactory Essays
  • Good Essays

    Introduction: To many of us, the definition of home is consistently referred to as the place where one lives perpetually, particularly as a member of a family or household. However, the definition in a textbook does not take into account the stories we carry on our shoulders and the powerful impacts people contribute upon us.…

    • 793 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Eth/125 Assignment 1

    • 464 Words
    • 2 Pages

    to a country of which you are not a native in order to settle there). The two definitions are similar…

    • 464 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Bibliography: Farouque, F. (2012) ‘When parental relocation leads to a ‘tug-of-love’ legal headache’, The Age, 7 April.…

    • 1560 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The Home Ownership Workshop was held on Saturday, February 6, 2016. It was held in the Logan City Library and was put on by the USU Family Life Center - Housing and Financial Counseling. There were several staff, interns, and community members that presented at this workshop. The following is an overview of what each speaker presented on, and may not be in chorological order of how they presented the information.…

    • 1425 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Contact and Residence Orders

    • 2578 Words
    • 11 Pages

    A residence order is an order that settles the arrangements to be made as to the person with whom a child is to live and can be joint or shared as shown in the case D v D (shared residence orders) 1 FLR 495 where the father applied for a joint residence order however the mother sought a change in the contact pattern but the trial judge accepted the fathers case and made a shared residence order the judge dismissed the mother’s application and ordered her…

    • 2578 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    You are probably quite familiar with the phrase “a man's home is his castle.” This quote is actually a proverb, "an Englishman's home is his castle" which became very popular after the Attorney General for England during the early 1600s, Sir Edward Coke said: "Everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose". Coke spoke those words following what is known as the Semayne's case, which essentially acknowledged —…

    • 1584 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The Hungry Ocean Review

    • 399 Words
    • 2 Pages

    “Home is a feeling, more than a residence,” writes Greenlaw (p. 192). Which places conjure a sense of home for you? Why?…

    • 399 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Heritage Essay

    • 1077 Words
    • 5 Pages

    Our birthplace and place of residence forms part of our heritage; it is an identity that helps us place ourselves in the world. The preamble to The National Heritage Resources Act states that:…

    • 1077 Words
    • 5 Pages
    Good Essays
  • Good Essays

    If I no longer feel a sense of home under my roof, then where is my home? I try to answer this by thinking about the places that are important to me. As I do this I come to the realization that there is no one particular location that screams of an overwhelming importance to me. I have a myriad list of locations that I have felt some form of emotional connection with. But does this mean that all these places are a home to me? Where is my home?…

    • 606 Words
    • 3 Pages
    Good Essays
  • Good Essays

    My definition of home is when you experience happiness somewhere and when you feel comfortable physically and mentally. Home is a stronghold for where you live and a place where you have your freedom to do whatsoever you like so you can enjoy your happiness. The word home has many different definitions to different people. Some would say that their home is where they were born or where their home country is. However most people confuse the word house with home, when a home is a way of organizing and understanding the space within ourselves…

    • 795 Words
    • 4 Pages
    Good Essays