Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
Conflicts - Divorce and Related laws in the Philippines.pptxSlbaquiran
ANNULMENT AND DECLARATION OF NULLITY OF MARRIAGE
Annulment is the remedy if the marriage is voidable or annullable, i.e., valid until annulled; while declaration of nullity of marriage is the remedy if the marriage is void ab initio.
SYNOPSIS OF THE CONFLICTS RULES
FACTUAL SITUATION
Grounds for annulment (if the marriage is merely voidable) and grounds for declaration of nullity (if the marriage is void ab initio)
POINT OF CONTACT
The law alleged to have been violated: in other words, it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions that furnishes the grounds
if Filipinos get married abroad, the lex loci celebrationis will determine the grounds for annulment (Art 26, Family Code).
For example, two Filipinos get married in England. Let us assume that sterility is a ground for annulment of marriage in England. The marriage of the two Filipinos will be annullable on the ground of sterility, even if sterility is not a ground for annulment under the Family Code. This is because English law is the lex loci celebrationis.
JURISDICTION OVER CASES FOR ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE
Since we follow the nationality theory, our courts have jurisdiction to take cognizance of annulment and nullity suits in marriage in cases where the litigants are Filipinos. Domiciliaries of the Philippines can also file such suits in the Philippines.
In the Philippines, a Filipino citizen or domiciliary can file a case for annulment or declaration of nullity of marriage even if the defendant is a non-resident of our country.
IF THE MARRIAGE IS NULL AND VOID OR AN ABSOLUTE NULLITY, CAN THE PARTIES REMARRY WITHOUT GOING TO COURT, SINCE AFTER ALL, THE MARRIAGE DOES NOT EXIST AT ALL?
ANSWER:
No. Under Art. 40 of the Family Code which is a new provision, “the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
ABSOLUTE DIVORCE
The Family Code adoes not allow absolute divorce except that which is validly obtained abroad by a foreigner from his or her Filipino spouse capacitating him or her to remarry, in which case the Filipino spouse can also remarry
EXAMPLE 1
A Filipino couple when to Las Vegas where they obtained a divorce decree on account of the wife’s adultery. Will the divorce decree be recognized in the Philippines?
ANSWER:
No, because the divorce is contrary to an important public policy of the forum
EXAMPLE 2
American couple married in the US. Wife obtained a valid divorce in the US. If she should come to the Philippines, will she be allowed to get married here?
ANSWER:
Yes, provided she can get a certificate of legal capacity to contract marriage here. The divorce will be recognized as valid here because it is valid in accordance with her national law and it is valid in the place which granted the same.
EXAMPLE 3
A Filipina married H, a national of X. Under the laws of X, the
Global role of ca in the whole gamut of succession and transfer of asset incl...CA. (Dr.) Rajkumar Adukia
The article gives insight about will document and execution of same. The author believes that the chartered accountant in the capacity of an executor can better assist with the process of working through the planning of the estate along with administration from an accounting and taxation perspective once the estate commences.
Being appointed as, and accepting the role of an executor typically comes with many responsibilities, however a chartered accountant with their expert knowledge in finance are able to ace the role as an executor of the estate distribution made in the form of will by the testator
This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature.
It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.
Meaning and Definition of Nationality and Citizenship, Difference between nationality and citizenship, concept of second class citizen, Modes of acquiring citizenship. This ppt is very important for all law student who are preparing for judiciary and other competitive exam.
Citizenship under Indian Constitution and Citizenship act 1955Shivani Sharma
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Private international law provides both personal and proprietary immunities to the persons having sovereign status. Proprietary immunity is being provided to the properties in hand / authority of such persons having sovereign status. their property cannot be detained or destroyed when an action is brought against such persons in a foreign country.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
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this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Car Accident Injury Do I Have a Case....Knowyourright
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2. DOMICILE OF CHOICE
An independent person can acquire a domicile in a place of his choice.
The capacity to acquire such domicile is decided by the law of the existing
domicile.
The essentials to be fulfilled for the acquisition of the domicile by choice:-
(1) A habitual residence in the country where domicile is sought to be
acquired.
(2) An intention to live in the country of the domicile of –
choice permanently.
The Indian Succession Act 1925 in its Sec.10, explains that a person acquires
a new domicile by taking up his fixed habitation in a country other than the
domicile of origin.
Factum et animus - To constitute a change of domicile, there must be:
factum – i.e. the bodily presence & animus i.e. the intention of residing
permanently / for an indefinite period.
3. In Loicis De Raedt v. Union of India
A foreigner who continued to stay in India by seeking a regular
extension of his permissible stay for specified periods is not a
sufficient indication to show that he intended to make India his
domicile of choice.
A person claiming a certain place as a domicile of choice has to
prove that there was sufficient intention in him to make that place
where he is habitually resident for sometime and long period of
time.
(1) RESIDENCE:
But residence, does not mean residence at the same home or at the
same place for the entire period.
It is not a temporary stay, as in a visitor, tourist or a bencher.
It just means bodily presence at a place, for reasons other than
temporary.
However, a long period of residence does not ensure domicile;
neither is a short stay as a negative on domicile.
4. In Ram narayan’s Case
Supreme Court held that a person’s domicile could not be
established on the basis of his family’s residence at a particular
place.
Along with the intention to take domicile, the physical factum of
residence has to be established on behalf of that person.
Here in this case, while the applicant’s intention to take domicile in
India, post-partition, has been established, since there was an
absence of the factum on his part, he continued to be domiciled in
Pakistan.
If a person has not abandoned his domicile of origin, but has
expressed his indication to have domicile of choice at a place where
he goes and stays for a certain period of time.
Since the new place of residence is not yet his chief residence,
such acquisition of the new domicile is not of any legal
consequence, until he has proved that such acquisition has become
his chief residence.
