Wednesday, July 21, 2021

Residence and Domicile

  

In addition to identifying persons by name, persons should also be individually located.  Citizenship, domicile and residence identify the location of persons for the purpose of legal transactions.  

 

Citizenship denotes the moral, social and political tie of a person to a State.  The State is an entity with an international personality (i.e. - recognition as a result of having defined territory, a relatively stable population, government and sovereignty).  Persons owe allegiance to the State, which in return protects their rights within the framework of peace, order, freedom, social harmony and sustained development. 

 

  Domicile defines a person’s legal tie to a place that has its systems of law.  A person can have only one domicile at a time.  New domicile is acquired where a person establishes his residence in a new country with the intention to live there (animus manendi).  Such a person may acquire new domicile without changing his citizenship.  A person may be an Ethiopian or a foreigner with regard to nationality or citizenship, and can have Addis Ababa as his domicile.  

 

Residence is more specific and links a person to the particular place where he normally resides.  Articles 174 to 191 deal with residence and domicile. 

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