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Topic: Domicile (law)

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In the News (Tue 25 Jun 19)

  Domicile - LoveToKnow 1911
It is the criterion of the law applicable in a large class of cases, and it must be single for each person; and English courts have continually to struggle with the difficulty of selecting his domicile from among the various places in any of which he may be said to reside.
It is possible that a Scotsman or a foreigner may have clearly established a domicile of choice in England, although it may be impossible to say whether London, Brighton or a house in the country is his true or principal residence.
When the question is between the domicile of origin and an alleged one of choice, its solution is rendered a little easier than it is when the question is between two alleged domiciles of choice, the burden of proof lying on the party which contends that the domicile of origin has been abandoned.
www.1911encyclopedia.org /Domicile   (1076 words)

domicile for its own sake, but rather on account of its consequences; in other words, on account of the personal rights and obligations attached thereto.
domicile in a diocese when it is question e.g.
domicile of the husband which she retains even after becoming a widow; for children under age it is that of the parents who have authority over them; for wards it is that of their
www.newadvent.org /cathen/05103b.htm   (1794 words)

  European Commission - European Judicial Network - Applicable law - Lithuania   (Site not responding. Last check: )
The choice of the law applicable to a contract as made by the agreement of the parties may not be the grounds for refusing to apply the mandatory legal norms of the Republic of Lithuania or those of any other state that cannot be changed or declined by the agreement of the parties.
Domicile of a married person shall not depend on the domicile of his spouse, although the domicile of one of the spouses is the fact, which has to be taken into consideration in establishing the domicile of the other spouse.
Where parents of a minor natural person fail to have a common domicile, the domicile of a minor shall be deemed to be the domicile of one of his parents with whom the minor resides most of the time, unless the court has established the domicile of a minor with one of his parents.
ec.europa.eu /civiljustice/applicable_law/applicable_law_lit_en.htm   (6068 words)

  Domicile - Wikipedia, the free encyclopedia
In law, domicile is a term that designates the law of a person for purposes of determining certain legal questions such as the ability to invoke the jurisdiction of a Court, or the interpretation of a will.
At birth a person obtains the domicile of their parents, and can change it by foresaking their former domicile and intending to reside indefinitely at a new place in which they are physically and lawfully present.
The law of the domicile will govern the law of inheritance applicable on the death of a person and the matrimonial law governing the property of a married couple wherever that property may be.
en.wikipedia.org /wiki/Domicile   (249 words)

 Encyclopedia: Domicile (law)
In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a person's status, capacity and rights.
The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws.
In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states.
www.nationmaster.com /encyclopedia/Domicile-%28law%29   (1250 words)

 Domicile and Habitual Residence as Connecting Factors in The Conflict of Laws
Domicile is a “connecting factor” or link between a person and the legal system or rules that will apply to him in specific contexts, such as the validity of a marriage, matrimonial causes (including jurisdiction in, and recognition of, foreign divorces, legal separations and nullity decrees), legitimacy, succession and taxation.
It seems clear that the abolition of the domicile of dependency of married women would not affect the law regarding legitimation since a person's capacity to be legitimated depends on the law of his father's domicile and not on the domicile of his mother or both parents.
The domicile of a person under twenty-one years is a “domicile of dependency”: that is to say, his or her domicile may not be acquired or changed by him or by her, but instead depends on the domicile of one or both of the parents.
www.lawreform.ie /publications/data/volume2/lrc_15.html   (12030 words)

Domicile is a tremendously important connecting factor in most common law countries, providing a most significant basis for a court to be authorized to accept jurisdiction in family law cases.
Similarly, where a person has a domicile of origin in another jurisdiction, the law of domicile of that jurisdiction is not relevant to the local courts' decision as to whether he has acquired a local domicile of choice.
The domicile of a person who is born mentally incapacitated, or becomes mentally incapacitated while he is a dependent child, is determined, while he remains mentally incapacitated, as if he continued to be a dependent child.
www.international-divorce.com /domicile.htm   (6164 words)

 FindLaw | Cases and Codes
Because the University's conclusion as to domicile plays a major role in its decision not to award nonimmigrant aliens in-state tuition status, counsel for petitioner admitted at oral argument that "it is entirely possible that the university would change its policy" in the face of a contrary decision by the Maryland Court of Appeals.
Kline, 412 U.S. (1973), the University presumed that a student who was not domiciled in Connecticut at the time he first enrolled at the University of Connecticut could not become a Connecticut resident while attending the University, even though all the normal indicia of residence might be acquired during this period.
The District Court, although concluding that the Maryland law of domicile is relevant, declined to either abstain outright or certify the question of domicile to the Court of Appeals of Maryland.
caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=435&invol=647   (8819 words)

 FindLaw | Cases and Codes
Well-settled common-law principles provide that the domicile of minors, who generally are legally incapable of forming the requisite intent to establish a domicile, is determined by that of their parents, which has traditionally meant the domicile of the mother in the case of illegitimate children.
Florida, 306 U.S. One acquires a "domicile of origin" at birth, and that domicile continues until a new one (a "domicile of choice") is acquired.
We agree with the Supreme Court of Utah that the law of domicile Congress used in the ICWA cannot be one that permits individual reservation-domiciled tribal members to defeat the tribe's exclusive jurisdiction by the simple expedient of giving birth and placing the child for adoption off the reservation.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=490&page=30   (10153 words)

 The K-Zone: domicile
In short, domicile is the country in which a person lives, which may be different from the country in which he or she has citizenship.
UK law recognizes that a British citizen (see: BritishCitizenship) may live permanently outside the UK, and that such citizens have a duty abide by the laws of the country of domicile.
One cannot choose domicile (according to law) until reaching 16 years of age; people younger than this are assumed to have the same domicile as their parents -- father, in the case of legitimate children, and mother in the case of illegitimate children.
www.kevinboone.com /lawglos_Domicile.html   (354 words)

 Domicile Regulations
Domicile is the place where one intends to reside either permanently or indefinitely and does, in fact, so reside.
A minor is presumed to have the domicile of his or her parents or guardian.
No given number of factors is required for domicile, since the determination in each case is one of the subjective intention of the student to reside permanently or indefinitely in Pennsylvania.
webs.edinboro.edu /pubrel/admissions/domicile.html   (650 words)

 Legal Definition of Domicile
The law of domicil is of great importance in those countries where the maxim 'actor sequitur forum rei' is applied to the full extent.
By domicil of origin is understood the home of a man's parents, not the place where, the parents being on a visit or journey, a child happens to be born.
The domicil of the minor is that of the father, or in case of his death, of the mother.
www.lectlaw.com /def/d071.htm   (526 words)

 CITES BY TOPIC: domicile
The legal domicile of a person is important since it, rather than the actual residence, often controls the jurisdiction of the taxing authorities and determines where a person may exercise the privilege of voting and other legal rights and privileges.
For purpose of federal diversity jurisdiction, "citizenship" and "domicile" are synonymous.
An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
famguardian.org /TaxFreedom/CitesByTopic/domicile.htm   (733 words)

 Divorce and Domicile: Part II
Even though the divorce laws of both England and Ceylon had similar grounds for divorce, and even though both spouses had resided in Ceylon for close to a decade, the couple had to travel thousands of miles, at great expense and inconvenience, to seek a divorce in the courts of their domicile, England.
The legislation thus abrogated the domicile rule in a narrow set of cases by granting divorce jurisdiction even though neither spouse was domiciled in England upon commencement of the proceeding.
Hollister, 6 Pa. 449, 452 (1847) (concluding that even though at common law the wife's domicile was in Ohio with her husband, jurisdiction existed because the wife resided in Pennsylvania for at least one year prior to bringing suit for divorce).
www.law.pitt.edu /wasserman/law1c.htm   (6337 words)

 Entry Clearance Guidance - General Instructions
In law the domicile of origin is that which a person acquires by law at birth.
Domicile changes automatically with that of the mother until the child is 16 years old or marries under the age of 16.
The effect of the Domicile and Matrimonial Proceedings Act 1973 was to give married women the same capacity as anyone else of having an independent domicile (whether a domicile of origin or of choice) unless they acquire a new domicile of choice.
www.ukvisas.gov.uk /en/ecg/chapter13/chapter13annex4   (1704 words)

 Changes to domicile law proposed
The report explains that a person's domicile connects him with a system of law for the purpose of determining a range of matters, including legal capacity to marry, recognition of overseas divorces or legal separations, personal capacity to make a will and formal validity of a will.
At present, a legitimate child's domicile is, during the lifetime of his father, the same as, and changes with, his father's domicile, whereas the domicile of an illegitimate child and of a child whose father is dead is the same as, and changes generally with, his mother's.
Under the existing law, a married woman cannot acquire a domicile of choice by her own actions, and is dependent upon her husband.
www.news.gov.hk /en/category/lawandorder/050411/html/050411en08002.htm   (477 words)

 :: Secretariat for Legal Affairs (SLA) > Organization of American States ::
The option in favor of the “law of the place where the damage is caused” could lead to an inapplicable connection because of the existence of plural States impacted by the results of the harmful act.
This implies that when the parties are each domiciled in each one of the member States of the convention, “the internal law of the member State in whose territory the accident took place” is applied, and when the parties are domiciled in another member State, “the internal law of that State” is applied.
This regulation on the Law Applicable and the Competent International Jurisdiction applies whenever the act that generated it occurred in a Member State and the damaging effects resulting from it are produced or not in that same State or may cause effects on other Party States of the Convention.
www.oas.org /DIL/CIDIP-VII_home_re_examinig_cji-doc.97-02.htm   (5148 words)

 New Domicile Law Proposed
Wu Minghui, a NPC deputy of Jiangxi Province submitted earlier his proposal for a new domicile law to be enacted in China as soon as possible.
Wu said the current domicile control system is one that had been enacted back in the days of planned economy with controlled procurement and distribution by the state under which a rural population was strictly separated from the urban.
A new domicile law to be enacted must be instrumental to a transfer of rural surplus labor force, developing agriculture, a raise of farm production, urbanization construction, building medium- and small-sized cities and towns, erasing gaps between town and country, and dampening the heat for hunting jobs in cities.
www.china.org.cn /english/MATERIAL/8951.htm   (282 words)

 The Domicile and Habitual Residence Act
2 For all purposes of the law of Manitoba, the domicile and habitual residence of every person shall be determined under this Act to the exclusion of the laws of any other state or subdivision of a state.
8(1) The domicile and habitual residence of each person is in the state and a subdivision thereof in which that person's principal home is situated and in which that person intends to reside.
10(3) The domicile and habitual residence of a mentally incompetent person domiciled and habitually resident in Manitoba shall not be changed except with the approval of the court.
web2.gov.mb.ca /laws/statutes/ccsm/d096e.php   (781 words)

 Internal Revenue Manual - 25.18.1 Basic Principles of Community Property Law
As common law is the dominant legal system in the United States, there has been a tendency for the courts, the government and the public to apply common law principles and concepts to community property issues.
Today the domicile of the marital community should be determined by the state with the most significant relationship to the spouses and to their earnings.
After it is determined that community property laws apply (i.e., the taxpayers are married and domicile in a community property state), the next step is to determine the taxpayer's rights and interest in the property under state law.
www.irs.gov /irm/part25/ch13s01.html   (6553 words)

 Schultz v Boy_Scouts_Amer
Inasmuch as New Jersey law governs plaintiffs' tort action commenced in New York against defendants, two charitable corporations, plaintiffs are estopped under the doctrine of third-party issue preclusion from relitigating the effect of the New Jersey charitable immunity statute which bars plaintiffs' action, by their earlier New Jersey court action.
Analysis then favors the jurisdiction of common domicile because of its interest in enforcing the decisions of both parties to accept both the benefits and the burdens of identifying with that jurisdiction and to submit themselves to its authority.
Indeed, this deterrence function of tort law, whether it be in the form of imposing liability or denying immunity, is a substantial interest of the locus state which is almost universally acknowledged by both commentators and the courts to be a prominent factor deserving significant consideration in the resolution of conflicts problems.
www.courts.state.ny.us /history/cases/schultz_boyscouts.htm   (6635 words)

Where the national law of the adopted child requires for adoption the agreement or consent of the adopted child or a third party, or the approval or any other decision by a public authority, this requirement must also be satisfied.
The legal relationship between parents and their child shall be governed by the national law of the child where it is the same as the national law of one of the parents or, where one parent is lacking or otherwise absent, by the national law of the other parent.
In the case where the law of a person's habitual residence shall govern but that habitual residence is unknown, the law of that party's residence shall govern, except in cases where Article 14 is applicable (including its application with necessary modifications (mutatis mutandis) in Articles 15(1) and 16).
www.crnjapan.com /japan_law/en/law10.html   (2289 words)

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