domicil by operation of law

domicil by operation of law
That domicil which the law attributes to a person independent of his own intention or selection. This results generally from the domestic relations of husband and wife or parent and child, the domicil of the wife or the child following that of the husband or father as a legal consequence. Re Estate of Jones, 192 Iowa 78, 182 NW 227, 16 ALR 1286, 1289; Re Weber, 187 Misc 674, 64 NYS2d 281. The words "resides" as used in a statute providing that proceedings to remove disabilities of a minor shall be instituted in the county where he resides, does not mean his bodily presence, but his legal domicil, which is that of his father. Gulf, C. & S. F. R. Co. v Lemons, 109 Tex 244, 206 SW 75, 5 ALR 943.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • domicil — The relationship which the law creates between an individual and a particular locality or country. The place where a person has his true fixed permanent home and principal establishment, and to which place he has, whenever he is absent, the… …   Ballentine's law dictionary

  • domicil of wife — See domicil by operation of law; matrimonial domicil …   Ballentine's law dictionary

  • domicil of child — See domicil by operation of law …   Ballentine's law dictionary

  • voluntary domicil — A domicil which a person acquires voluntarily, as distinguished from a domicil by operation of law, as in the case of a married woman or infant …   Ballentine's law dictionary

  • necessary domicil — A domicil which is established by operation of law; as in the case of a wife who acquires the domicil of her husband, regardless of her choice. 25 Am J2d Dom § 48 …   Ballentine's law dictionary

  • residence of infant — See domicil by operation of law …   Ballentine's law dictionary

  • residence of wife — See domicil by operation of law …   Ballentine's law dictionary

  • domicile — /dom euh suyl , seuhl, doh meuh /, n., v., domiciled, domiciling. n. 1. a place of residence; abode; house or home. 2. Law. a permanent legal residence. v.t. 3. to establish in a domicile. Also, domicil. [1470 80; < MF < L domicilium, perh. equiv …   Universalium

  • Legal history of wills — Wills in the Ancient WorldThe will, if not purely Roman in origin, at least owes to Roman law its complete development, a development which in most European countries was greatly aided at a later period by ecclesiastics versed in Roman law. In… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”