In the summary of Domicile in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.
Domicile
The legal system determines a persons status, and this will be the same law in which a person is
domiciled.
Definition of Domicile:
• Place whereby a person is legally deemed constantly present for purpose of
exercising their rights & to fulfill their obligations even if the person is factually
absent
• Must be permanent resident or have the intention for settling for an indefinite
period of time
WHY IS DOMICILE IMPORTANT?
Because is affects the following……
• Legitimacy of a child
• a child's birth determines it domicile of origin.
• Succession
• Intestate succession- domicile of deceased person
determines how estate is administered.
• Testate succession- domicile of the person determines
whether the deceased had ability to execute a will.
• Determine if a heir has the ability to inherit
• Applicable law in which the will be interpreted in.
• Matrimonial Property Regime
• Domicile of male determines matrimonial property regime in
which marriage would follow.
• However according to Sec (9) of Constitution this should be
declared void, as it does not allow for heterosexual or same
sex marriages as stated in Civil Unions Act.
• Law of Procedure
• Deals with which High court will have jurisdiction
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