CHAP 5: DOMICILE

Question 1

DEFINE DOMICILE

Answer 1

refers to a place where a person is legally deemed to reside for purposes of exercising rights & duties

it’s ones’ permanent residency

Question 2

DEFINE LEX LOCI DOMICILLI

Answer 2

refers to the law of the place where one is domiciled

Question 3

DOMICILE & INTESTATE SUCCESSION

Answer 3

for purposes of movable property, the devolution of an estate will be governed by lex loci domicilli of the deceased, depending on where they died

Question 4

DOMICILE & TESTATE SUCCESSION

Answer 4

the will will be used to determine a person’s lex loci domicilli

the will can also have specifications on which legal system should be used as the deceased’s wish

Question 5

CHILDREN BORN IN/ OUT OF WEDLOCK

Answer 5

when child stems from out wedlock, the father’s domicile is used upon the child & after marriage, the fathers domicile will be used

Question 6

DOMICILE & ADOPTION

Answer 6

the adoptive parent’s domicile & the child’s domicile are taken into account when deciding domicile of the child

Question 7

DOMICILE AND MATRIMONIAL PROPERTY

Answer 7

the matrimonial property regime is determined by the man’s domicile BUT it is no longer law in S.A

Question 8

DOMICILE & LAW OF PROCEDURE

Answer 8

a matter must be heard by the court with jurisdiction in the area where a person is domiciled

in cases of custody, the courts where the child is present have the powers to hear the child’s matters

Question 9

PRINCIPLES OF DOMICILE

Answer 9

no person is w/o domicile & no one can have more than one domicile

Question 10

CHANGE OF DOMICILE

Answer 10

??

Question 11

TWO TYPES OF DOMICILE

Answer 11

1. domicile by choice

2. domicile by operation of law

Question 12

REQUIREMENTS FOR DOMICILE OF CHOICE: LAWFUL PRESENCE

Answer 12

a person has to be physically & legally present in S.A

Question 13

REQUIREMENS FOR DOMICILE OF CHOICE: PHYSICAL PRESENCE

Answer 13

a person must live or have lived in a particular place for a while

Question 14

REQUIREMENTS FOR DOMICILE OF CHOICE: INTENTION

Answer 14

the person must settle for indefinite period of time & is allowed to move from place to place

Question 15

PEOPLE DOMICILED BY LAW

Answer 15

these are people under 18 as they auto take parents’ domicile until they’re 18

foster care children are domiciled accord. to location of the foster home

Question 16

PROBLEM CASES FOR DOMICILE

Answer 16

1. Prisoners: is up to prisoner to decide after serving a sentence
2. The army: can choose indefinite period of domicile & change if section 1 requirements are met
3. Illegal immigrants: cannot acquire domicile w/o gov. approval & once one is deported they lose the domicile