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


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

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 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 diverse 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.

Table of Content
CHAPTER 1
GENERAL INTRODUCTION
1.0.0: INTRODUCTION
1.1.0: BACKGROUND TO THE STUDY
1.2.0: OBJECTIVES OF STUDY
1.3.0: FOCUS OF STUDY
1.4.0: SCOPE OF STUDY
1.5.0: METHODOLOGY
1.6.0: LITERATURE REVIEW
CHAPTER 2
DOCTRINE OF DOMICILE
2.0.0: INTRODUCTION
2.1.0: DEFINITION OF DOMICILE
2.2.0:ASCERTAINMENT OF DOMICILE
2.3.0: DOMICILE AND NATIONALITY
2.4.0: RULES AND TYPES OF DOMICILE
2.5.0: CONCLUSION
CHAPTER 3
ACQUISITION OF DOMICILE
3.0.0: INTRODUCTION
3.1.0: ACQUISITION OF DOMICILE OF ORIGIN
3.2.0: ACQUISITION OF DOMICILE OF CHOICE
3.2.1.0: RESIDENCE (FACTUM)
3.2.1.1: THE REQUISITE INTENTION (ANIMUS)
3.2.1.2: SPECIAL CASES IN ACQUISITION OF DOMICILE OF CHOICE
3.2.1.3: LOSS OF DOMICILE OF CHOICE
3.3.0: DOMICILE OF ORIGIN AND CHOICE CONTRASTED
3.4.0: CHANGE OF DOMICILE AND NATIONALITY
3.5.0: CONCLUSION
CHAPTER 4
DOMICILE OF DEPENDENT PERSONS
4.0.0: INTRODUCTION
4.1.0: DOMICILE OF CHILDREN
4.2.0: DOMICILE OF MARRIED WOMEN
4.3.0: DOMICILE OF PERSON OF UNSOUND MIND
4.4.0: MERITS AND DEMERITS OF DOMICILE
4.5.0: CONCLUSION
CHAPTER 5
GENERAL CONCLUSION
5.0.0: CONCLUSION
5.1.0: RECOMMENDATION
BIBLIOGRAPHY

 

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