CHAP 5: DOMICILE Flashcards
DEFINE DOMICILE
refers to a place where a person is legally deemed to reside for purposes of exercising rights & duties
it’s ones’ permanent residency
DEFINE LEX LOCI DOMICILLI
refers to the law of the place where one is domiciled
DOMICILE & INTESTATE SUCCESSION
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
DOMICILE & TESTATE SUCCESSION
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
CHILDREN BORN IN/ OUT OF WEDLOCK
when child stems from out wedlock, the father’s domicile is used upon the child & after marriage, the fathers domicile will be used
DOMICILE & ADOPTION
the adoptive parent’s domicile & the child’s domicile are taken into account when deciding domicile of the child
DOMICILE AND MATRIMONIAL PROPERTY
the matrimonial property regime is determined by the man’s domicile BUT it is no longer law in S.A
DOMICILE & LAW OF PROCEDURE
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
PRINCIPLES OF DOMICILE
no person is w/o domicile & no one can have more than one domicile
CHANGE OF DOMICILE
??
TWO TYPES OF DOMICILE
- domicile by choice
2. domicile by operation of law
REQUIREMENTS FOR DOMICILE OF CHOICE: LAWFUL PRESENCE
a person has to be physically & legally present in S.A
REQUIREMENS FOR DOMICILE OF CHOICE: PHYSICAL PRESENCE
a person must live or have lived in a particular place for a while
REQUIREMENTS FOR DOMICILE OF CHOICE: INTENTION
the person must settle for indefinite period of time & is allowed to move from place to place
PEOPLE DOMICILED BY LAW
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
