Summary
Summary Domicile
- Institution
- University Of Pretoria (UP)
Summary of 6 pages for the course Law of Persons PSR 101 and 102 at UP (Domicile)
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DOMICILE MEANING
Distinguished from concept of nationality / citizenship. Both deal with a
person’s status but nationality refers to person’s status in public law
Domicile as a connecting factor
- In every situation regarding a person’s status, the preliminary question
is which legal system determines the status of the person
e.g. A French tourist concludes a contract whilst in SA / wants to make
a will
- Countries legal systems differ so the permanent connecting factor is
between the person and a legal system in private law will be domicile
- Lex loci domicilli = general rule that the law of the place in which the
person is domiciled will determine his status
- Exceptions to this rule:
1. Conclude a simple commercial contract: lex loci contractus (law of
the place where the contract is concluded)
2. Juristic acts involving immovable property: lex loci rei sitae (law
where the immovable is situated)
- Golden rules to consider:
1. No person can be without domicile at any time (acquires domicile
at birth until changed by operation of law / choice)
2. No person can have more than ONE domicile at any time (due to
practical problems this would create)
Definition
- Derived from Latin domicilium which means “home” / “dwelling place”
- The concept is, however, more complicated, 2 elements are referred
to:
physical: implying actual residence and
psychical: which implies the person must also intend on settling in
the place of actual residence
- Therefore, domicile is the place where, in terms of the law, a person is
deemed to reside for the purposes of exercising his rights and duties
(judicial capacities)
RELEVANCE OF DOMICILE
Plays a determining role in a large variety of that person’s capacities in
private law
Matrimonial property regime
- The matrimonial property regime, including whether the parties are
married in / out of community of property is determined by the legal
system of the place where the man was domiciled at the time of
marriage
Legitimate extramarital status
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