STUDY UNIT 4.

1
DOMICILIE

MS R TSATSIMPE
 WHAT ARE THE FACTORS THAT INFLUENCE
STATUS?

1)Domicilie – Domcilium- ‘home’- ‘dwelling

place’
2)Age
3)Marital and extra-marital status
4)Prodigality and insanity
The other three factors will be covered in the
next SU’s
STUDY OUTCOMES

After completion of this SU, YOU MUST be able to:

1. Cleary define the term domicile and explain
the importance of it.
2. Explain the different types of domicile and
explain what each entails
3. Identify different categories of people and how
they acquire domicile
4. The position of law before the commencement
of the Domicile Act
INTRODUCTION ON DOMICILE
• Different countries have different legal systems
• Therefore, it is important to determine which
legal system determines a person’s status
• The law which determines a person’s status the
law at which that person is domiciled- In South
Africa, it is the person’s Lex loci domicilii
• Domicile connects a person to the legal system
of that country- Pg 53 of Textbook

• SO THEN WHAT IS DOMICILE?

WHAT IS DOMICILE???
1. What is DOMICILE? –CLASS DISCUSSION

2. LEX LOCI DOMICILII- the law of the country where

a person is domiciled

3. Why is it important? 5 INTANCES- CLASS

DICUSSION
WHAT IS DOMICILE CONT…

1. Mason v Mason- the place or country which is

considered by law to be a person’s permanent
home
2. IMPORTANT PRINCIPLES OF DOMICILE
• NO one can be without domicile at any given
time;
• NO one can have a domicile in more than one
place at the same time;
• A person’s domicile is never amended without the
necessary proof.
TYPES of Domicile

1. Domicile of origin-

2. Domicile of choice-

3. Domicile by operation of the law