CRTICIAL EXAMINATION OF THE RELATIONSHIP BETWEEN DOMICILE AND NATIONALITY

Abstract

Domicile is an aspect of law that connects an individual with a specific legal system. The rule of domicile is for determining the specific legal system to which an individual has closest connection that thus governs his legal status. Nationality on the other hand represents a man’s political status by virtue of which he owes allegiance to some particular country and domicile. This paper conducted a critical analysis of the connexion between domicile and nationality. The paper found that while nationality, besides naturalization, depends, on the place of birth or on parentage, domicile is a constituent of residence in a particular country. By virtue of this, a person may be a national of a country or state while he is domiciled in another country or state. The paper found that a person may have more than one nationality simultaneously, but no person may possess more than one domicile concurrently. It found that the personal law of a company is the law of the place of its incorporation, while its residence is determined by the location of its central management and control. In this regard, the residence of a company governs its status, dissolution, its capability to contract, who can sue and be sued on its behalf; the extent to which members can be personally liable for its debts. After considering the merits and demerits of the domicile and nationality principles, the paper concluded that with particular regard to Nigeria, the rules of domicile are an inherent part of common law rules which apply as received English laws in Nigeria.
Keywords: Domicile; Nationality; Personal law; Residence; Status