EU Definition A special definition of domicile applies under the Brussels Regulation. This is applicable to cases where that legislation applies. This covers a very broad range of civil and commercial matters where the defendant is domiciled in another EU state in accordance with the definition of domicile. The Irish implementing regulations define “domicile” for the purpose of the Brussels regulation. This is radically different […]
General Domicile is important in relation to matters of personal status such as marriage, property transfer, succession and some contexts, long-term taxation. A person’s domicile of origin applies at birth. At common law, a legitimate child born during the lifetime of the father was deemed to have the domicile of the father at his or her date of birth. An illegitimate (nonmarital) child was deemed […]
Public Laws At common law courts may refuse to recognise foreign judgements which are contrary to domestic public policy. Public policy in this sense refers to the fundamental values of the legal system. Generally, when a court refuses to recognise a foreign law on the basis of public policy it seeks to exclude the objectionable element and recognise the balance, if possible. For example, a confiscation […]
General Common law private international rules do not give effect to foreign penal laws, revenue or other public laws. Penal laws are those applying sanctions or forfeitures. The identification of the foreign law as penal is undertaken under domestic rules. The scope of what is or is not penal may be debatable. In some countries, there may be double or treble damages for egregious breach […]
Issues Raised The application of foreign law may raise difficult issues in practice. The civil law system is markedly different from the common law system. In some cases, they have similar principles, but their respective procedural and evidentiary rules may be radically different. A recognised issue in conflicts of law is the characterisation or categorisation of rules. Conflicts of law apply different principles to different […]
Proof of foreign law The courts cannot take judicial notice of foreign law. Foreign law must generally be treated and proved as a matter of fact, when it applies. Ultimately foreign law must be applied and interpreted notwithstanding that it is a matter of fact. Foreign law is proved by expert evidence. The general principles applicable to expert testimony apply. Accordingly, evidence may be given […]
Conflict of Laws Conflicts of law, otherwise described as private international law, deals with legal issues that arise when more than two States’ legal systems /or jurisdictions are involved in a transaction or event. The rules decide which country’s law applies. The rules also decide which country’s courts have the sole or primary right to hear disputes. They also deal with the enforcement of judgments […]
Domicile Domicile is an important concept in conflict of laws. Domicile has different meanings in different contexts. The traditional meaning which holds in property law, wills and issues regarding long-term personal status is that domicile is a person\’s long-term home. It is where he or she intends to live and, ultimately, to die. In the context of European Union rules, domicile has a different meaning […]
Rules of the forum Even when foreign law applies, the courts will apply their own procedural law. The rules of the state must distinguish between matters of substance and procedure. Matters of procedural law as opposed to substantive law are governed by the domestic rules. This may lead the procedural domestic rule to apply the foreign law in a way different to that in which […]