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Summary Domicile and Mental Illness Status Legally
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Law of PersonsDomicile
,Domicile: the place that the law regards as your permanent home
Domicile tells us:
- Which country’s laws apply to a particular situation
- Which court has jurisdiction over a matter
,What does Domicile mean?
The Ordinary meaning of “domicile” refers to a Home. Person’s dom
usually their home however, not always the case.
The Legal definition of Domicile was referred to in (Mason v Mason 1
ECD 330 at 337) as the :
• “Place where, in terms of the law, a person is deemed to reside for
• purpose of exercising his/her rights” and performing his/her obliga
, Why is it important to know what a persons
Domicile is? (Relevance of Domicile)
Its is Important when it is unclear which country’s laws should be used to
determine a particular matter
In SA domicile used to solve ‘choice of law’ issues relating to:
1. Status
2. Matrimonial property system
3. Succession
4. Jurisdiction of court
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