AN APPRAISAL OF THE DOCTRINE OF DOMICILE UNDER THE PRIVATE INTERNATIONAL LAW

ABSTRACT

This write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws. Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that part of law that comes into play whenever the issue before the affect some events/ facts/ transactions that are so closely connected with a foreign system of laws as to necessitate recourse to that system. The law pertaining to where a person intends to make his permanent home is subject to a lot of argument. No wonder domicile has been said to be easier describe than to define. There are indication from both local and foreign journals which indicate that there are conflicting understanding in the area of domicile. Under the Private International Law, the concept of domicile has several as well as area of applications, some of which include the acquisition and loss of domicile of choice, origin and dependence. In Nigeria, the doctrine of domicile is alien, a product of our colonial link with the British common law. Due to the diversi ethnicity and culture in Nigeria. The doctrine of domicile is based on its character subject to conflict based in the Nigerian context. This long essay identifies the various definition of domicile, the distinctive features of each type of domicile, their workings, variations and also their shortenings.

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

It has been universally recognized that questions affecting the personal status of a human being should be governed constantly by one and the same law irrespective of where he may happen to be or of where the facts giving rise to the question may have occurred. But unanimity goes no further, there is disagreement on two matters. What is the scope of this „personal law‟, as it is called and should its criterion be domicile or nationality?¹ In England, however it has long been settled that question affecting status are determined by the law of the domicile of a person and that broadly speaking such questions are those affecting family relations and family property. To be more precise, the following matters are to a greater or lesser extent governed by the personal law: the essential validity of marriage; the effect of marriage on the propriately rights of husband and wife; jurisdiction in divorce and nullity of marriage, though only to a limited degree; legitimacy, legitimating and adoption, wills of movables and intestate succession to movables. The concept of domicile however, is not uniform throughout the world Domicile known as habitual residence to some and permanent residence to some people.2 The English concept of domicile is bedeviled by rules, these are complex often impossible to justify in policy terms and lead to uncertainty of outcome. Before looking at these rules in details, one preliminary matter should be considered. This is question of whether the same test for domicile applies regardless of the context I which the matter is raised. English law take the view that the test which determines the place of a man‟s domicile must remain constant no matter what the nature of the issue may be before the court. „Domicile‟ is regarded as a relative term which varies in meaning according to the different situation (e.g. divorce, taxation intestate succession) to which it is applicable. There are however types of domicile, domicile of origin: gotten from birth, domicile of choice: acquired in substitution for the present one and also domicile of dependent persons: acquire through the person they are depending on. These and many more are what is going to be discussed later. Domicile, in its appraisal, its type, workings and also shortenings.

1.1.0: BACKGROUND TO THE STUDY

Until the beginning of the nineteenth century, domicile was universally recognized as the basis for the application of personal law.³ However, as a result of the influence of Maincini4 in the mid-nineteenth century some of the continental European countries adopted nationality in preference to domicile as the connecting factor for the ascertainment of personal laws. Since then, some countries have somehow combined the two criteria. For common law countries, however, domicile appears to have been generally accepted. In Nigeria, the adoption of can be justified on ground of practical necessity as “Nigeria nationality” covers a number of independent legal systems.⁵

Department: Law
Format: Microsoft Word

Chapters: 1 - 5, Preliminary Pages, Abstract, Bibliography.
Delivery: Email

No. of Pages: 89

Price: 3000 NGN

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