Summary
Summary Domicile
The basic terms of the law of persons used by LLB law students, it is summarised and simple.
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DOMICILEWHAT IS DOMICILE
• Domicile is a ‘home’ is where you live
• Mason v Mason domicile definition as the place where a person is deemed to reside for the
purpose of exercising their rights.
• Domicile means your legal home and the place which the law regards as your permanent
home.
• The place where a person is legally deemed to be constantly present for the purpose of
exercising their rights and fulfilling their obligations even in the event of their factual absence.
WHEN IS IT IMPORTANT TO KNOW WHERE A PERSON IS DOMICILED
• Domicile is important for 2 reasons:
o Domicile sometimes tells us which laws apply to a particular situation.
o Important for deciding which court has jurisdiction over a matter.
WHICH LEGAL SYSTEM APPLIES? CHOICE OF LAW OR CONFLICT OF LAWS OR PRIVATE
INTERNATIONAL LAW
• Choice of law or conflict of laws problems arise when it is unclear which country’s laws should
be used to decide a particular legal matter.
• In some situations, domicile resolves of choice of law problem. This means that in some
situations a person’s domicile will determine which country’s rules should be applied.
• Most important choice of law problems solved by domicile are:
o Personal status
o Matrimonial property system
o Succession
o Jurisdiction of a court
PERSONAL STATUS
• Is a person a minor or major that depends on where the person is domiciled. Age of majority in
South Africa. But if they are visiting SA and the country where they are domiciled where the
age of majority is 21, they will be a minor. The minor has the capacities of a minor determined
by South African law.
• In principle a 19-year-old who has the personal status of a minor will have limited capacity to
enter into contracts in SA.
MATRIMONIAL PROPERTY SYSTEM
• If a couple marries without an antenuptial contract, the matrimonial system is determined by the
couple’s matrimonial domicile. (lex domicilii matrimonii)
• A couple’s matrimonial domicile is the place where the husband is domiciled on the day of the
wedding.
• The rule can’t be applied to a marriage where there is no husband, same sex marriages.
SUCCESSION
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