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7 Cards in this Set
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Doctrine of reverter p 11
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A domicile is retained until a new domicile has been actually acquired. Except when a party abandons a domicile of choice, with the intent to return to his domicile of origin, the party regains domicile of origin as soon as the domicile of choice is abandoned.
- Also applies when a domicile of choice has been abandoned until the party established a new domicile of choice. - when a person left a domicile of choice intending never to return and it seemed unrealistic to say that the person retained a domicile there, the domicile of origin, originally acquired by operation of law would renew again by opertation of law until the new domicile had been acquired - a ship on the high seas is a part of the territory of the sate to which she belongs |
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domicile
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A domicile once legally acquired is retained until a new domicile is secured. A new domicile is secured when: 1) the party intends to be domiciled 2) physically secures it.
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Types of domiciles (shadows)
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- domicile of origin (where you were born or parents lived)
- domicile of choice (where you choose to live) - domicile by operation of law (location law attributes to person regardless of intentions) |
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Evolution of wife domicile
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o previously wife domiciled where husband lived.
o she may acquire separate domicile if she has justifiability left her husband, o she may acquire a separate domicile if in fact she is separated from her husband o Bow the domicile of either spouse is determined by their individual intentions and actions |
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Emancipation
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is the process by which a minor is released from the control and authority of the minor’s parents. Occurs when 1) the minor reaches the age of discretion and 2) the parents expressly or impliedly renounce their parental duties and all rights to the minor’s services.
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Capacity
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RS of conflict of laws: A person cannot acquire a domicile of choice unless he has legal capacity to do so. Whether such legal capacity exists will be determined by the law of the forum.
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Presence under compulsion
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- prisoners and armed service men are not domiciled in a state unless they intend to establish domicile
- RS Conflict of law 17 o A person does not usually acquire a domicil of choice by his presence in a place under physical or legal compulsion |
