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Unit 4: Domicile, Nationality, Habitual Residence and Residence
4.1 Meaning and Types of Domicile
The domicile (the permanent-home’s-law): the definition’s-two-elements (the residence’s-fact + the intention’s-animus (the indefinite-stay’s-mind (the two-musts (the one-without-the-other’s-failures)))); The types (the exam’s-classic): the domicile-of-origin (the birth’s (the father’s/mother’s (the tenacious (the reversion’s-lore (the origin’s-return-until-the-new’s-acquired)))); the domicile-of-choice (the acquisition’s (the residence+intention (the abandonment’s-two-step (the leaving+the no-new)))); the domicile-of-dependency (the wife’s-and-the-child’s (the married-woman’s-dependency’s-history (the reform’s-equality (the modern’s-independent))); the revival’s-face (the origin’s-return-upon-the-choice’s-abandonment (the pre-modern’s-doctrine (the reformed-away))).
4.2 Nationality
The nationality (the state’s-link): the international-law’s-face (the Nottebohm’s-genuine-link (the effective’s (the names-only-citation)); the nationality’s-function-in-the-conflict (the personal-law’s-civil-law’s (the status-and-the-family’s (the capacity’s))); the plural-nationality’s-problem (the dual’s (the effective’s-preference (the dominant’s))); the statelessness’s-face (the no-national’s (the protection’s-gap (the 1954-and-1961’s (the U-LAW5609-U1.4’s-companion))); the Nepal’s-nationality-law (the Citizenship-Act-and-the-Constitution’s-Arts-10-15 (the verified-frames (the U-LAW5702-U2.8’s-depth)) — the descent’s-or-and (the naturalisation’s-rules (the renunciation’s))).
4.3 Residence and Habitual Residence
- The residence (the fact’s-simple): the living’s-plain (the no-intention’s-need (the temporary-counts (the residence’s-weakness-as-the-factor)));
- The habitual-residence (the modern’s-star): the settled-ordinary’s (the integration’s-fact (the duration+the-circumstances (the child’s-and-the-family’s-conventions’-favourite (the Brussels-II’s (the abduction-1980’s (the U5’s-faces)))))); the advantages (the nationality’s-fictions-vs-the-residence’s-reality (the migration-era’s-fit (the practical’s-test))); the determination’s-cases (the child’s-habitual (the acclimatization’s (the shared-intention’s (the modern-case-law’s-menu))).
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