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Paper Topic:

CONFLICTS OF LAW

CONFLICTS OF LAWS

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An Outline of the Subject Domicile

The domiciliary theory in conflict of laws is the theory that in general the status , condition , rights , obligations , and capacity of a person should be governed by the law of his domicile . Domicile speaks of one 's permanent place of abode or home . In addition to that , domicile is that place where a person has certain settled , fixed , legal relations for reasons that it is assigned to him by law

at the moment of birth , it is assigned to him by the law after birth on account of certain legal disability and because he has his home in a certain place and whenever he is absent , he intends to return

There are three kinds of domicile and these are the domicile of origin the constructive domicile , and the domicile of choice . There are many things to consider with respect to these matters . First , the domicile of origin is acquired at birth and that constructive domicile is given after birth . Second , domicile of origin applies only to infants while constructive domicile refers to all those who lack capacity to choose their own domicile infants , married women , idiots or the insane . Legal disabilities prevent their making a choice . Third , domicile of origin never changes for a person is born only once , whereas constructive domicile may change from time to time , depending upon circumstances which will be subsequently discussed . And last , while both the domicile of origin and the constructive domicile are fixed by law , domicile of choice is a result of the voluntary will and action of the person concerned . One related remark is that , every natural person has a domicile and he cannot be without one . If he never leaves his domicile of origin , the same becomes his domicile of choice after attaining the age of majority or after being otherwise emancipated Jurisdiction (including Notice and Opportunity to be Heard , Minimum Contacts

Whenever a conflicts problem presents itself before a tribunal of the forum , the court is primarily confronted with the question of jurisdiction . When a court of justice is without jurisdiction , it has no alternative except to dismiss the case . Any judgment rendered without or in excess of jurisdiction is clearly null and void even in the state that rendered it , in view of the lack of due process . On the other hand when a court of justice has jurisdiction over a given case , it may refuse to assume jurisdiction on some grounds as authorized by law or it may assume jurisdiction by applying the internal law of the forum or applying the proper foreign law

The meaning of jurisdiction is the authority of a tribunal to hear and decide a case . Complete jurisdiction necessarily includes not only the power to hear and determine a case , but also the power to enforce any judgment it may render thereon . Every person , depending upon the law that governs a particular case has the right to...

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