Domicile

Question 1

Context

Answer 1

• domicile for conflicts q’s will always be an issue in the broader analysis
  -> i.e. something in your answer will depend on a domicile determination

Question 2

Domicile by Choice

Answer 2

Indiv w/ domicile capacity acquires a domicile when 2 conditions satisfied:
1) physical presence in the new domicile AND
2) intent to remain permanently (or indefinitely) in the new domicile

Question 3

Domicile by Operation of Law - General Concept

Answer 3

• an indiv who lacks domicile capacity is assigned one by law

Question 4

Domicile by Operation of Law - Children

Answer 4

-newborns are assigned domicile of their parents
- in cases of divorce, children are assigned domicile of their custodial parent

Question 5

Domicile by Operation of Law - Incompetents

Answer 5

• indiv who is mentally incompetent is assigned domicile of their parents
• if indiv becomes incompetent after acquiring a domicile by choice, then they retain the chosen domicile