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What is the essential requirement for a person to acquire a domicile of choice?
What is the essential requirement for a person to acquire a domicile of choice?
- The person must be of sound mind and 18 years or older. (correct)
- The person must be a minor and have a guardian's consent.
- The person must be of sound mind and a citizen of the country where they reside.
- The person must be married and have a permanent resident visa.
Which court has jurisdiction to grant a decree of divorce in the scenario described?
Which court has jurisdiction to grant a decree of divorce in the scenario described?
- The Namibian High Court
- The Cape High Court in South Africa (correct)
- The English High Court
- The Canadian Supreme Court
What determines the matrimonial property regime of the marriage in the scenario described?
What determines the matrimonial property regime of the marriage in the scenario described?
- The lex loci contractus (law of the place of contract)
- The lex loci celebrationis (law of the place of celebration of the marriage)
- The domicile of the spouses at the time of the marriage (correct)
- The law of the country where the couple currently resides
What is a necessary requirement for a person to acquire a domicile of choice?
What is a necessary requirement for a person to acquire a domicile of choice?
Who can acquire a domicile of choice?
Who can acquire a domicile of choice?
What is the requirement for a person to have the capacity to acquire immovable property?
What is the requirement for a person to have the capacity to acquire immovable property?
What determines the jurisdiction to grant a decree of divorce?
What determines the jurisdiction to grant a decree of divorce?
Who has the capacity to marry?
Who has the capacity to marry?
Which of the following establishes a court's jurisdiction in a divorce action?
Which of the following establishes a court's jurisdiction in a divorce action?
What determines the capacity of a person to marry in a foreign country?
What determines the capacity of a person to marry in a foreign country?
What determines a person's capacity to acquire immovable property in a foreign country?
What determines a person's capacity to acquire immovable property in a foreign country?
What is a key principle of domicile?
What is a key principle of domicile?
When can a court have jurisdiction in a divorce action?
When can a court have jurisdiction in a divorce action?
What is the significance of 'lex loci' in determining capacity?
What is the significance of 'lex loci' in determining capacity?
What determines a person's capacity to conclude a simple contract?
What determines a person's capacity to conclude a simple contract?
In the context of jurisdiction in divorce proceedings, what does 'ordinarily resident' mean?
In the context of jurisdiction in divorce proceedings, what does 'ordinarily resident' mean?
What is the primary function of domicile in determining a person's private law status?
What is the primary function of domicile in determining a person's private law status?
According to the general rule in South Africa, which law determines a person's private law status?
According to the general rule in South Africa, which law determines a person's private law status?
What is the determining factor in deciding which country's legal system will determine a person's capacity to marry?
What is the determining factor in deciding which country's legal system will determine a person's capacity to marry?
In which country's legal system will Sam's capacity to marry be determined, according to the general rule in South Africa?
In which country's legal system will Sam's capacity to marry be determined, according to the general rule in South Africa?
What is the significance of lex loci in determining a person's private law status?
What is the significance of lex loci in determining a person's private law status?
What is the capacity to acquire immovable property determined by?
What is the capacity to acquire immovable property determined by?
In which country's legal system will a person's capacity to divorce be determined, according to the general rule in South Africa?
In which country's legal system will a person's capacity to divorce be determined, according to the general rule in South Africa?
What is the significance of domicile of choice in determining a person's private law status?
What is the significance of domicile of choice in determining a person's private law status?
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Study Notes
Jurisdiction in Divorce Cases
- A court has jurisdiction in a divorce action if either party is domiciled in the court's area of jurisdiction on the date the action is instituted or if either party is ordinarily resident in the court's area of jurisdiction on the date the action is instituted and has been ordinarily resident in the Republic for at least a year immediately prior to that date.
Domicile
- Domicile is a connecting factor between a person and a legal system to determine their private law status.
- A person's private law status is determined by the law of the place/country where they are domiciled (lex loci domicilii).
Capacity to Act
- The legal system of a country determines a person's capacity to act, such as marrying or concluding contracts.
- A person's domicile determines which legal system will determine their capacity to act.
Kinds of Domicile
Domicile of Choice
- A domicile of choice is a domicile that a person, who is competent, has chosen for themselves.
- Requirements for a domicile of choice include:
- Lawful presence
- Physical presence (factum)
- Intention to settle at a particular place for an indefinite period of time (animus manendi)
Domicile and Status
- The law of the country determines a person's private law status.
- A person must be connected to a legal system for their status to be determined.
- The domicile of a person connects them to a legal system for the purpose of determining their private law status.
Golden Rules of Domicile
- No person can be without a domicile at any time.
- No person can have more than one domicile at any time.
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