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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Law of Domicile in Botswana: The Need for Reform
Author:Kiggudu, John
Periodical:African Journal of International and Comparative Law
Geographic term:Botswana
Law, Human Rights and Violence
Peoples of Africa (Ethnic Groups)
Women's Issues
Law, Legal Issues, and Human Rights
Cultural Roles
Marital Relations and Nuptiality
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol2&id=646&collection=journals&index=journals/afjincol
Abstract:Domicile is the most important connecting factor in private international law. This article examines the law of domicile in Botswana with a view to suggesting some reforms that are long overdue. A distinction is made between three types of domicile: domicile of origin, assigned to a child when it is born; domicile of choice, acquired by an adult by a combination of residence and intention; and domicile of dependency, or the domicile of dependent persons such as minors and married women. The author argues that the rule of revival of domicile of origin when a person abandons his domicile of choice is outmoded and articial; that the requirement of intention in the acquisition of a domicile of choice needs to be modified or abolished; that the principle of the unity of matrimonial domicile needs to be abolished; and that reforms are needed regarding minors. Notes, ref., sum. in French.