Anda di halaman 1dari 1

Domiciliary Theory in Conflict of Laws

It is the theory whereby the status, condition, rights, obligations, and capacity of a
person are governed by the law of his domicile or the lex domiciliii.

o It is the place where a person has his true, fixed, permanent home and principal
establishment, and to which whenever he is absent, he has the intention of
o It is the place where a person has a settled connection for certain legal purposes,
either because his home is there or because that is the place assigned to him by law.
o Under Article 50 of the New Civil Code, for the exercise of civil rights and fulfilment of
civil obligations, the domicile of natural persons is the place of their habitual

Kinds of Domicile
1) Domicile of Origin (Domicilium Origins)
The domicile assigned by law to a person at the moment of his birth.
2) Constructive Domicile (Domicilium Necesarium)
The domicile assigned by law to a person after birth on account of a legal disability
such as minority, insanity or imprisonment.
3) Domicile of Choice
The domicile of a person sui juris because he has his home there and to which,
whenever absent, he intends to return.

 It must be noted that since domicile of origin is acquired by birth, it never changes;
while constructive domicile is given after birth subject to some of the conditions
mentioned above.
 Also, domicile of origin never changes for a person is only born once; while
constructive domicile changes from time to time, like when the parents of a minor
changes domicile several times.