Summary
Summary Domicile
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In the summary of Domicile in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.
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By: liezelsmit • 6 year ago
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DomicileThe legal system determines a persons status, and this will be the same law in which a person is
domiciled.
Definition of Domicile:
• Place whereby a person is legally deemed constantly present for purpose of
exercising their rights & to fulfill their obligations even if the person is factually
absent
• Must be permanent resident or have the intention for settling for an indefinite
period of time
WHY IS DOMICILE IMPORTANT?
Because is affects the following……
• Legitimacy of a child
• a child's birth determines it domicile of origin.
• Succession
• Intestate succession- domicile of deceased person
determines how estate is administered.
• Testate succession- domicile of the person determines
whether the deceased had ability to execute a will.
• Determine if a heir has the ability to inherit
• Applicable law in which the will be interpreted in.
• Matrimonial Property Regime
• Domicile of male determines matrimonial property regime in
which marriage would follow.
• However according to Sec (9) of Constitution this should be
declared void, as it does not allow for heterosexual or same
sex marriages as stated in Civil Unions Act.
• Law of Procedure
• Deals with which High court will have jurisdiction
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