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Evaluating a statement with reference to the traditional concept of Domicile in accordance with the English Law - Essay Example

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With reference to the ‘traditional’ concept of domicile, determined solely in accordance with English law, critically evaluate the accuracy of the assertion that: “Despite the significance of the concept of domicile, the rules for determining a persons domicile have…
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Evaluating a statement with reference to the traditional concept of Domicile in accordance with the English Law
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Evaluating a statement with reference to the traditional concept of Domicile in accordance with the English Law

Download file to see previous pages... Usually, the criteria used for the identification of domicile are differentiated in countries around the world – in most cases the system of law adopted by a specific country is used to decide on the characteristics of domicile in the above country. It should be noted that misunderstanding is often caused because of the co-existence of other terms, like residence, that also refer to the relation of a person to a specific geographical place. Because of the value of domicile in determining the rights and the obligations of people in different social and political activities, a series of rules has been introduced describing the criteria under which a person’s domicile is identified; however, the effectiveness of these rules has been strongly criticized. The specific problem – the level of accuracy and effectiveness of the rules used for identifying a person’s domicile – is examined in this paper; it has been proved that the rules adopted for the identification of domicile had to be analytical and detailed – in order to respond to the needs of all related human activities but also to ensure the protection of social and political rights; however, in the long term the above characteristic of these rules had become a major disadvantage leading to the decrease of their effectiveness. At a next level, the limitation of the effectiveness of rules of domicile has been a phenomenon irrelevant with the characteristics of the system of law developed in a particular country; however, current paper refers especially to the rules of domicile developed in the English law emphasizing on the lack of effectiveness of these rules as a result of the use of complex and technical terms – used primarily for ensuring the adaptability of these rules to current social conditions, a target that was never achieved as explained below.
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