ABSTRACT
In selecting the proper law to govern issues, courts look to the elements which link the occurrence of a said issue to a legal category. These links vary from where a contract was concluded (loci contractus), where a property is situated (loci situs), where a tort was committed (loci delicti commissi), where the court hearing the case is seated (loci fori), or where a person is domiciled/resident in say, matrimonial or immigration issues (loci domicili). These links are the connecting factors. They provide guidance in order that courts may apply the appropriate applicable rules. It is not sufficient however that the connecting factor in an issue is known. Its meaning within the jurisdiction at play must be clearly espoused. This is for two reasons: first, different jurisdictions may have the same connecting factor in a legal category yet afford it different meanings, and second, different jurisdictions may afford different connecting factors within the same legal category/issue. The focus here is to point out the legal distinctions between the two main connecting factors under English private international law; domicile and residence. A comparative analysis is first presented wherein the doctrinal underpinnings, principles/rules and forms peculiar to each is discussed. A critique on each is then advanced, pointing out some of the key merits and/or disadvantages each pose. A concluding remark is then drawn from the analysis, stating whether or not the current legal tapestry vis a vis personal law should continue to operate.
Abdul Nassir Mukhtar, Zein, On English Connecting Factors: Domicile and Residence (February 5, 2019).
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