Chapter 5: Domicile

Question 1

LEXI LOCI DOMICILII

Answer 1

Law of the place where a person is domiciled.

Question 2

DOMICILE

Answer 2

A place where a person is legally deemed to reside for the purpose of exercising his or rights and duties.

Question 3

WHERE IS DOMICILE DERIVED FROM?

Answer 3

Derived from Latin word “domicilium” meaning home.

Question 3

WHERE IS DOMICILE DERIVED FROM?

Answer 3

Derived from Latin word “domicilium” meaning home.

Question 4

THE LAW OF SUCCESSION AND DOMICILE

Answer 4

INTESTATE SUCCESSION- The devolution of estate is governed by the lexi loci domicilii of the deceased at the time of his or her death.
TESTATE SUCCESSION- The testators lexi loci domiciii at the time of drafting the Will determines whether or not he or she had the capacity to draw up a Will as well as whether he or she compiled with the formalities for the execution of a valid Will.

Question 5

STATUS OF CHILD BORN OF MARRIED OR UNMARRIED PARENTS

Answer 5

Depends on the domicile of the father at the time of the child’s birth.

Question 6

DOMICILE AND ADOPTION

Answer 6

The lexi loci domicilii of the child at the time of adoption or the lex adoptionis should be used determine the validity and consequences of the adoption

Question 7

DOMICILE AND MATRIMONIAL PROPERTY

Answer 7

Lexi loci domicilii of man at the time of the marriage determines the matrimonial property regime of the marriage,

Question 8

PRINCIPLES/RULES OF DOMICILE (2)

Answer 8

No person can be without a domicile at any time

A person cannot have more than one domicile at any time/same time.

Question 9

LEXI LOCI REI SITAE

Answer 9

The law of a place where immovable property is situated

Question 10

LEXI LOCI CONTRACTUS

Answer 10

The law of a place where the contract is concluded

Question 11

TYPES OF DOMICILE

Answer 11

1.Domicile of choice
2. Domicile by operation of law
.

Question 12

REQUIREMENTS OF DOMICILE OF CHOICE (3)

Answer 12

1. Lawfully Presently
2. Physically present
3. Particular intention

Question 13

DOMICILE BY OPERATION OF THE LAW’s CATEGORIES (2)

Answer 13

1. Unmarried children under the age of 18 years

2. People who do not have the mental capacity to choose their own domicile.

Question 14

TEST REQUIRED TO DETERMINE WHETHER LAWFUL AND PHYSICAL PRESENCE IS MET

Answer 14

Objective test

Question 15

TEST REQUIRED FOR INTENTION

Answer 15

Subjective test

Question 16

ANIMUS MANENDI

Answer 16

The intention of remaining

Question 17

TWO CATEGORIES OF PEOPLE WHO OBTAIN DOMICILE BY THE OPERATION OF THE LAW

Answer 17

1. Unmarried children under the age of 18

2. People who do not have the mental capacity to choose their own domicile.

Question 18

PROBLEM CASES OF DOMICILE

Answer 18

1. Prisoners
2. Armed forces.
3. Illegal immigrants
4. Diplomats
5. People sent to work at certain places by employers

Question 19

THESE TYPE OF PEOPLE CAN ACQUIRE DOMICILE OF CHOICE, ONLY IF THE REQUIREMENTS OF S 1(2) OF THE ACT ARE MET

Answer 19

Armed forces, diplomats, people sent to work at certain places by their employers