Part II Preliminary Topics, 9 Domicile, Nationality and Residence

Subject(s):

Choice of law clauses — Children — Marriage — Limitations on jurisdiction — Burden of proof

This chapter examines the concepts of domicile, nationality, and residence and how they affect the personal status of a human being. In England, questions affecting status are determined by the law of the domicile of the propositus. Some of the matters that are governed by the personal law are the essential validity of a marriage, the wills of movables, and inheritance by a dependant. This chapter first considers five general rules with respect to domicile before discussing two requisites for the acquisition of a fresh domicile, namely residence and intention. It then explains voluntary residence, precarious residence, and the burden of proof regarding domicile, along with the distinction between domicile of origin and domicile of choice. It also explores the domicile of dependent persons such as children, the domicile of married women, and the concepts of ordinary residence and habitual residence.