• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Private International Law

Extracts from this document...

Introduction

Name: Stephen Ooi ID #: 03149262 Date of Submission: 23/03/06 Course: Private International Law Course Code: LS2507 Private International Law Written Assignment The word domicile is notoriously difficult to define; having multiple meanings depending on what area of law one is looking at. Even within private international law the word has differing meanings depending on which country you are in or what piece of legislation is being looked at. This presents problems both nationally and internationally and therefore it's important to determine what issues are raised in any potential problem allowing you to select the correct definition of the word. The question put before me is asking in general terms where the permanent home of the individuals in question is, his "centre of gravity"1. Multiple factors have to be taken into account when attempting to come to a conclusion. Taking all surrounding factors into account it will thus be easier to determine each persons domicile individually. To aid in determining the domicile it is necessary to look at the individual rules governing domicile, namely; the domicile of origin, domicile of dependence and the domicile of choice. It should however be noted that a person may only have one domicile for a set purpose and that there is always a presumption in favour of an existing domicile and any burden of proof lies on behalf of the party ...read more.

Middle

The final aspect of domicile is acquiring and loosing a domicile of choice. It must be stated that a person must be over 16 to be able to acquire such domicile. Such domicile can only be obtained by residing in the country with the intention on staying permanently or indefinitely. Residence is relatively easy to establish, with mere inhabitance often taken to be residence. There is no set time laid down8 and thus it must be looked at differently for each case depending on the facts. Intention is somewhat more difficult. The notion of staying permanently or indefinitely is vague by nature and thus each case must be looked at upon the facts. A domicile cannot be obtained if the person only stays upon a contingency. In recent times this view was relaxed and if such contingency is vague then a domicile may be acquired. Such contingencies play no role in the problem given and thus do not require anymore explanation. Other connecting factors must be taken into account, such as the purchase of property, getting a job, interacting with the community and more besides. All these must be looked at. The intention to stay must be freely formed and not coerced in any way.9 Finally a person may loose their domicile of choice if; there is cessation of residence and cessation of intention to stay. ...read more.

Conclusion

This is however unclear and in my opinion incorrect, as the reasoning behind Beaumont was policy decision more than anything else and doesn't seem fair to other parties. If however Fiona was to apply to be Marcus's legal guardian then she would be deemed to be his mother and thus he would follow her domicile. If Fiona is successful in being appointed legal guardian Marcus will gain English domicile if Fiona has intent and residence in England and until residence and intent is proved he will have a Scottish domicile. If Fiona is unsuccessful in gaining guardianship Marcus's domicile will most likely be taken to be Germany under Scots Law of 1976. 1 Re Flynn [1968] 1 All ER 49 2 Winas v A-G [1904] AC 287 3 Law Comm No. 168 Para 4.13-4.20 4 Ramsey v Liverpool Royal Infirmary [1930] AC 588. In which it was held that a Scottish domicile had no been lost despite not having returned to Scotland for 36 years. 5 Udny v Udny (1869) LR 1 Sc & Div 441 6 [1893] 3 Ch 490 7 Lord Advocate v Jaffrey[1921] 1 AC 146 8 Bell v Kennedy (1868) LR 1 Sc & Div 307, Ramsay v Liverpool Royal Infirmary [1930] AC 588 9 Udny v Udny (1869) LR 1 Sc & Div 441 at 458 10 Re Lloyd Evans [1947] Ch 695 11 [1893] 3 Ch 490 ?? ?? ?? ?? Page 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Child Development section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Child Development essays

  1. Possible reform to the law concerning the Causing or Allowing the Death of a ...

    The development of affirmative social duty like the present one would be consistent only where it is "narrowly defined for maintaining the integrity of society based upon interdependence"10 render individuals susceptible to sanction for behaving in the way 10.

  2. Why family structures are changing.

    Also Mary helps with these needs by asking her dad for help with her homework. Over all the majority of Joes needs are being met by his family. Joes emotional needs are met by his family by the fact they all appreciate him and show him love when he come

  1. The main aim of this paper is to compare and contrast parental rights and ...

    The court held that he was not in the custody of his father at the time. Sachs LJ10 said, "in its wider meaning, the word , 'custody' is used as if it were almost the equivalent of guardianship in the fullest sense ...Adapting the convenient phraseology of counsel, such guardianship

  2. The Reasons Behind Juvenile Crime

    children continuously watch and observe what is happening around them with a little bit of understanding and analysis. As they reach the age of eleven they start to imitate what they have been seeing even thought they might not even know the purpose of what they are doing!".

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work