Traditional concept of domicile in accordance with English Law - Essay Example

Many have observed that with the growing modernity, the rules regarding the loss and acquisition of domicile have become increasingly artificial and complex. Indeed it is correct to conclude that despite the significance of the concept of domicile, the rules for determining a persons domicile is unnecessarily complicated, technical, and sometimes leading to absurd results (Law Reform Commission 2004). The division of the concept of domicile into three types (domicile of origin, dependency, and choice) is one of the reasons for legal complications.

The distinctions do not provide smooth and intelligible rules. Hence this unnecessary complexity led to calls for needed reforms, mostly premised on the idea that one general concept may suffice as a connecting factor in determining a person’s status and affairs. A radical yet widely supported proposal is the abolition of the domicile of origin and dependency. North believed that the abolition of domicile of origin and dependency in favor of one concept has the positive effect of simplifying the position (as cited in Law Reform Commission 2004).

As a result, certain gaps in the existing common law rules will be settled. For instance, there is a gap with respect to determining the domicile of dependency of a child without parents. It must be noted that under the general rule a legitimate child follows the domicile of the father, while an illegitimate child that of the mother. There is however no clear rules with respect to those children without mother and father. Furthermore, it has been rationalized that there is no clear justification at least in principle for making a child’s domicile dependent on the parent’s marital status or whether the child is legitimate or not (Law Reform Commission 2004).

There are those who voiced that the proposed changes in the law on domicile is a significant