AN APPRAISAL OF THE DOCTRINE OF DOMICILE UNDER THE PRIVATE INTERNATIONAL LAW

ABSTRACT

This write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws.

Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that part of law that comes into into play whenever the issue before the affect some events/ facts/ transactions that are so closely connected with a foreign system of laws as to necessitate recourse to that system.

The law pertaining to where a person intends to make his permanent home is subject to a lot of argument. No wonder domicile has been said to be easier describe than to define. There are indication from both local and foreign journals which indicate that there are conflicting understanding in the area of domicile.

Under the Private International Law, the concept of domicile has several as well as area of applications, some of which include the acquisition and loss of domicile of choice, origin and dependence.

In Nigeria, the doctrine of domicile is alien, a product of our colonial link with the British common law. Due to the diversi ethnicity and culture in Nigeria. The doctrine of domicile is based on its character subject to conflict based in the Nigerian context.

This long essay identifies the various definition of domicile, the distinctive features of each type of domicile, their workings, variations and also their shortenings.