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The Requisite Intention for the Acquisition of Domicile of Choice: Permanent or Indefinite – A Comparative Perspective

The Requisite Intention for the Acquisition of Domicile of Choice: Permanent or Indefinite – A... I. INTRODUCTION In determining the jurisdiction of court and the applicable law in cases where a choice of law rules is involved, the courts would always seek to find the most common connecting factor that binds the parties to a particular jurisdiction. Various concepts are employed in different jurisdictions in determining the personal law of the propositus and invariably the applicable law and jurisdiction of the courts. In most of the Continental European and other civil law countries, nationality, that is, the law of the country of which the person is a citizen, is the basic connecting factor. In countries that pay much regard to religious adherence such as India and Cyprus, personal law is determined based on the individual's religion such as Muslim, Hindu or Christian.1 In most common law countries, domicile is the most important connecting factor. It is a person's domicile that usually determines which law governs his or her family relations, which court has jurisdiction in matters of his or her status, and whether the judgments of some foreign courts could be enforced against him or her locally.2 Domicile is also a very important concept in jurisdictions with mixed legal families such as Lesotho http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Requisite Intention for the Acquisition of Domicile of Choice: Permanent or Indefinite – A Comparative Perspective

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0067
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION In determining the jurisdiction of court and the applicable law in cases where a choice of law rules is involved, the courts would always seek to find the most common connecting factor that binds the parties to a particular jurisdiction. Various concepts are employed in different jurisdictions in determining the personal law of the propositus and invariably the applicable law and jurisdiction of the courts. In most of the Continental European and other civil law countries, nationality, that is, the law of the country of which the person is a citizen, is the basic connecting factor. In countries that pay much regard to religious adherence such as India and Cyprus, personal law is determined based on the individual's religion such as Muslim, Hindu or Christian.1 In most common law countries, domicile is the most important connecting factor. It is a person's domicile that usually determines which law governs his or her family relations, which court has jurisdiction in matters of his or her status, and whether the judgments of some foreign courts could be enforced against him or her locally.2 Domicile is also a very important concept in jurisdictions with mixed legal families such as Lesotho

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Oct 1, 2013

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