Part II Preliminary Topics, Ch.9 Domicile, Nationality and Residence
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Law of the country of domicile — Burden of proof — Children — Mental disorder
It has been universally recognised that questions affecting the personal status of a human being should be governed constantly by one and the same law, irrespective of where he may happen to be or of where the facts giving rise to the question may have occurred.2 But unanimity goes no further. There is disagreement on two matters. What is the scope of this “personal law”, as it is called, and should its criterion be domicile or nationality?3 In England, however, it has long been settled that questions affecting status are determined by the law of the domicile of...