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Part V Family Law, Ch.26 Mental Incapacity

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 October 2021

Mental disorder — Jurisdiction and the English courts — Choice of law
Legal problems, both general and within the specific context of private international law, can arise in relation to persons suffering from mental incapacity. Some of these arise incidentally in other contexts. For example, special rules have had to be devised for determining the domicile of mentally disordered or incapacitated persons because they may be incapable of exercising a free choice as to where they are to live.1 The inability of such people to grant full consent can affect issues relating to their marriage2 or to contracts which they purport to have...
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