Domicile Of Choice Research Articles

مفهوم الموطن للشخص الطبیعی فی القانون السعودی – دراسة مقارنة – The Concept of Domicile of The Natural Person in Saudi Law - Comparative Study

مفهوم الموطن للشخص الطبيعي في القانون السعودي – دراسة مقارنة بــاســم عــــواد الــعــموش قسم الأنظمة ، کلية العلوم الإدارية ، جامعة نجران ، نجران ، المملکة العربية السعودية . البريد الإلکتروني: baalomoush@nu.edu.sa ملخص البحث: يتعرض البحث لمفهوم الموطن للشخص الطبيعي في القانون السعودي ، حيث يعتبر الموطن عنصرا مهما من عناصر الشخصية القانونية ويکتسبه الشخص بمجرد الميلاد ،کذلک لأهمية الموطن لغايات تحديد اختصاص المحکمة المکاني والاختصاص القضائي الدولي والتبليغات الإخطارات الرسمية وغيرها من الأوراق القضائية ، وأهمية الموطن في مجال الجنسية تعتمد القوانين الخاصة بالجنسية في مختلف دول العالم على فکرة الموطن في تنظيم أحکام الجنسية من حيث کسبها وفقدها واستردادها، وعليه سوف نناقش موقف المشرع السعودي من مفهوم الموطن ، وأرکانه والاختلاف في تصوير الموطن وأنواعه وأهمية الموطن في القانون السعودي وبيان وکيفية إثباته وفق القانون السعودي بالإضافة إلى مفهوم الموطن في القانون الإنجليزي وفي الخاتمة تم استعراض النتائج والتوصيات. الکلمات المفتاحية: الموطن، مکان الإقامة، موطن مختار، أهمية الموطن، أثبات الموطن. The concept of domicile for a natural person in Saudi law - a comparative study Bassem Awad Al-Amoush Systems Department, College of Administrative Sciences, Najran University, Najran Kingdom of Saudi Arabia. E - mail: baalomoush@nu.edu.sa Abstract: The research is based on the concept of domicile of the natural person in Saudi law, where domicile is considered an important element of the legal personality and acquired by the person as soon as birth, as well as the importance of the domicile for purposes of determining the jurisdiction of the spatial court, international jurisdiction and notifications and other judicial papers. Of citizenship in various countries of the world on the idea of domicile in the regulation of the provisions of nationality in terms of gain, loss and recovery, and therefore we will discuss the position of the Saudi legislator of the concept of domicile, and its components and the difference in the portrayal of domicile and types and the importance of To a domicile in the Saudi law and a statement and how to prove it in accordance with Saudi law in addition to the concept of domicile in English law. In conclusion, the results and recommendations were reviewed. Keywords: Domicile, Residence, Domicile Of Choice, Importance Of Domicile, Proving Domicile.

THE CONCEPT OF DOMICILE: STATUTORY POSITION IN INDIA

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.

For an Age-Relevant Policy: Where to Live in Old Age?

Live where? Aging where? The answer is almost a tautology. The choice is simply to live and grow old at home, the home where one has its geographical and symbolic identity, or his domicile of choice in some cases. But the simple answer has many implications.

Domicile of choice in English law: an Achilles heel?

This article examines the conceptual and functional difficulties associated with the English common law conception of domicile. It outlines the judicial challenges involved in verifying a domicile of choice in cases varying from the legitimacy of a marriage, to the validity of a will in the law of succession. The article challenges the existing approach used in establishing domicile on grounds that the prevailing domicile test is often illusive. Specifically, the test encourages sham domicile claims because domicile determinations are often difficult to predict. To improve the existing practice, the author argues against counting physical and personal points of connection between a person and another place on the grounds that checklist requirements are unduly mechanical and lead to unpredictable results. The article further proposes replacing domicile with a residence test based on a person's continued residence in a jurisdiction. It argues that such a residency-based test can include a person's subjective choices as a secondary line of inquiry. However, the primary inquiry should concentrate on that person's physical residence and not his/her choice of a domicile.

Investment Funds in Malta: An Analysis of the Regulatory Framework, Supervisory Approach, and the Industry Structure, Development and Growth

The paper supports the argument that the regulatory framework applicable to investment funds in Malta and the MFSA’s approach to financial supervision are key pieces of the puzzle, which have made Malta a European domicile of choice for the establishment of investment funds. The paper has the purpose of briefly examining the characteristics of Malta’s national investment funds market, with particular attention to the legislative framework that regulates the activity of investment funds in Malta, the MFSA’s supervisory approach and the development and composition of Malta’s industry.

Pour une politique des âges

Live where? Aging where? The answer is almost a tautology. The choice is simply to live and grow old at home, the home where one has its geographical and symbolic identity, or his domicile of choice in some cases. But the simple answer has many implications.

Karsten Witte: The Passenger and the Critical Critic

The Passenger For Karsten Witte the passenger was an intrepid figure, person between stations, for whom time and space constitute sites of transit.1 Himself a passenger who shifted with ease and enthusiasm between languages, discourses, and cultures, Karsten Witte relished the experience of the unfamiliar and the foreign. It was indeed central to his own expansive sense of person and place. He liked living in Berlin and knew the surface manifestations and subterranean reaches of that metropolis as few others. After his formative years in Frankfurt, Berlin would become Witte's domicile of choice, his final port of entry into German intellectual affairs. It represented less a home than a fixed address, a base of operations as well as a point of departure for a life that considered the liminal and the extraterritorial to be special (albeit precarious) states of being.2 If there is a memory image that captures the presence of this fldneur in motion, it might well be a snapshot that shows him exiting the Bovril, a restaurant on the Kurffirstendamm, bespectacled and clad in a natty dark overcoat, descending the stairs, heading for the

Research Items

Coloured Families in Liverpool AN investigation undertaken under the auspices of the Liverpool Association for the Welfare of Coloured People into the economic status of 225 coloured families, supplements an investigation made some ten years ago, while reflecting changes in conditions which have taken place in that period ("The Economic Status of Coloured Families in the Port of Liverpool". The University Press of Liverpool, 1939. Pp. 23. 1s. net). The investigation was organized and directed by D. Caradog Jones, the material collected and analysed by Kathleen Johnstone of the Department of Social Science in the University of Liverpool. The coloured families investigated belonged to the class of those who had made "domicile of choice", and were known to have been insured under the Unemployment Insurance Acts. The bulk, but not all, of the men were West African in origin. Only one had been in the country for less than five years, while the largest proportion, 100, had been here for more than twenty and less than thirty years. The investigation in the main was confined to householders. Of the families visited, 201 had a married man as head, 2 with a widower, 3 with a single man, and 19 with a widow as head. Of the 206 male heads, 4 were old age pensioners or invalids; of the remainder 149 were unemployed. There are relatively few of pensionable age. There is a high proportion between 45 and 65, with a low proportion between 21 and 45 years. The mean number of children per family is 2·6 as compared with white 4·8. During the last ten years a change for the worse in economic conditions has taken place. Of coloured only 40 per cent were in receipt of earnings as contrasted with 75 of a survey sample of white seamen, while 73 per cent of the coloured were in receipt of unemployment benefit as against 34 per cent white. In relation to the poverty line, the figures are as follow: more than 50 per cent above, coloured 14·4, white 48·5; within 10 per cent above or below, coloured 22·3, white 10·0; and 10 per cent to 33 per cent below, coloured 20·4, white 15·4.