5.6 Domicile, Nationality and Residence

The trio's comparison (the exam's table): the DOMICILE (the legal home — the intention's concept (the common-law's factor)); the NATIONALITY (the citizenship — the state's membership (the civil-law's factor (the Mancini tradition: the national law the personal law))); the RESIDENCE (the factual living (the no-intention's mere fact — the weak factor; the "habitual residence" the modern compromise (the Hague Conventions' favourite — the intention-free practicality))). The systems' map: the common-law world (the domicile); the civil-law world (the nationality); the modern instruments (the habitual residence's rise — the convergence). The Nepali face: the citizenship's primacy (the Nepal law's personal connections built on the nationality (the citizenship certificate's world) + the residence's factual roles (the Muluki Civil Code's faces — the functional describe)). Exam Focus Long questions: (i) The domicile's concept-and-acquisition (the fact-intention pair — the banker); (ii) The trio's comparison (domicile-nationality-residence). Short questions: the domicile of origin's clinging; the revival; the dependent domicile; the habitual residence. Trick areas: (i) The domicile = RESIDENCE + INTENTION (both — the mere living insufficient); (ii) The domicile of origin REVIVES on the choice's abandonment (the common-law's rule — the vacuum's refusal); (iii) The married woman's dependent domicile is the ABOLISHED rule (the modern independence — the error's currency); (iv) The HABITUAL residence needs no intention (the domicile's contrast — the modern compromise).