THE CONCEPT OF DOMICILE: STATUTORY POSITION IN INDIA

Abstract

The term domicilium is derived from domum colere, to foster or inhabit the home. There are three different classes of domicile namely, Domicile of Origin, Domicile of Choice, and Domicile of Dependence. The rules of domicile of origin quite satisfactory reflect the social factors. One acquires it at the time of his birth and because of its strong tenacity it is hard to lose and it automatically revives once domicile of choice is extinguished. It has proven to be more tenacious in a way that even if a person leaves his country of origin with an intention never to return back, his domicile of origin survives until he has acquired a domicile of choice. Corporations are the entities endowed with legal personality under municipal law, may be likened to physical persons and, on this basis, regarded as nationals of a particular State. The place of incorporation is regarded as the domicile of the corporation. Ships are governed by the law of Flag. Since the origin of the concept of domicile, there have been several misconceptions attached to it. Sometimes the term is confused either with nationality or with residence and additionally the concept of Domicile is crucial since it is the connecting factor traditionally used in common law systems. There is no uniform concept of domicile and so interpretation of its meaning is largely left open to the lex fori.