Domicile of choice, Business Law and Ethics

Domicile of Choice

Therefore this is the domicile a person acquires through choosing that country to make his permanent home. Well S.8(1) of the Act provides that whether a person, not being under any disability then takes up residence in another country other than such of his domicile with the intention of making that country his permanent home, or whether, being resident in a country other than that of his domicile then  he decides to make that country his permanent home, so that he shall as from the date of so taking up residence or of that decision, acquire domicile in that country and shall cease to have his former domicile.  Moreover the domicile so acquired is known at common law as the domicile of choice.

Perhaps the components of the domicile of choice are actual residence and animus manendi as i.e. the intention of residence of making the place the permanent home). However S.8 (4) provides that the acquisition of the domicile of choice through a married man shall not, of itself, whether  change the domicile of his adult wife or wives. However Section 9(2) there provides that the domicile of an infant female that who is married shall change with that of her husband.

Posted Date: 1/22/2013 1:11:58 AM | Location : United States







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