Domicile as a Personal Connecting Factor: An Assessment of Judicial Decision

DOI: 10.5281/zenodo.1573545

  • Moin Uddin Master of Comparative Laws (MCL), International Islamic University, Malaysia
Keywords: : Domicile; connecting factors; locality; personal law; living permanently

Abstract

Domicile is a legal terminology which discusses the connection between a personal and a sovereign state. It provides a dualistic character in private international law. It also conveys international unity with domestic acknowledgment and implementation as well as autonomous actions with the private affairs. This study aims to illustrate the function and nature of domicile as personal connecting factor in decision making to the choice of law. The qualitative approach has been chosen to discuss this study and to find out the data. This research has found that domicile originates with different foreign elements in sui generis because it depends on judiciary system, the nature of disputes and the covenants accompanied by the municipal policies of the particular country. This research paper also claims that every personal connecting factor can be applied globally in all similar circumstances as there are not many effectual deviations in their application. Thus, the outcomes of this study will help to identify the specific nature of domicile to cooperate with judgment making in the international legal system.

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Published
2018-11-27
How to Cite
Uddin, M. (2018). Domicile as a Personal Connecting Factor: An Assessment of Judicial Decision. International Journal of Global Community, 1(3, Nov), 291 - 308. https://doi.org/10.33473/ijgc-ri.Vol.1.No.3, Nov.2018.291 - 308