Domicile

  • Jagriti and Kshitij Kumar
  • Show Author Details
  • Jagriti

    Student at School of Law at Manav Rachna University, India.

  • Kshitij Kumar

    Student at School of Law at Manav Rachna University, India.

  • img Download Full Paper

Abstract

In all the nations all around the world that follow the Common Law principle or tradition, the criterion employed to connect a person with a particular legal system in matters of personal status and succession is the criterion of Domicile. The term "Domicile" is a concept that comes under the ambit of conflict of laws or comes under the ambit of private international law. Domicile is a general legal concept, which describes the country in which you consider your ‘roots’ are or where you have your permanent home. Domicile plays a very important role in the conflict of laws as a connector. It plays a very significant role in taxation laws, matrimonial laws, and property laws and helps a lot if any contradictory situation arises. It calculates the capacity of the contracting parties to the contract under these areas of law. Domicile of origin is imperishable. Even if a domicile of choice is acquired by a person, the domicile of origin will always be there to fill in any gaps if at a later stage domicile of choice is abandoned by the individual. Every individual is born with the domicile of origin and stays for life (if only in abeyance). Hence understanding the concept of domicile is very important under private international law or as a matter of fact in every area of law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 858 - 864

DOI: https://doij.org/10.10000/IJLMH.112909

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021