Thursday, October 17, 2019
Evaluating a statement with reference to the traditional concept of Essay
Evaluating a statement with reference to the traditional concept of Domicile in accordance with the English Law - Essay Example Usually, the criteria used for the identification of domicile are differentiated in countries around the world ââ¬â 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 personââ¬â¢s domicile is identified; however, the effectiveness of these rules has been strongly criticized. The specific problem ââ¬â the level of accuracy and effectiveness of the rules used for identifying a personââ¬â¢s domicile ââ¬â is examined in this paper; it has been proved that the rules adopted for the identi fication of domicile had to be analytical and detailed ââ¬â 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 ââ¬â used primarily for ensuring the adaptability of these rules to current social conditions, a target that was never achieved as explained below. In English law,
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