Connecting Factors Essay

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United Kingdom courts may consider additional connecting factors in establishing domicile of origin, such as adoption. If the factor of adoption is not present in the case, United Kingdom courts do not permit changes of domicile of unmarried children under the age of 16 unless their parents from whom they depend change their domicile. The only exception to the general rule can be inferred from Section 4 of the Domicile and Matrimonial Proceedings Act 1973, according to which the domicile of dependency may be established in the light of the following connecting factors: a) changes of the father’s domicile may justify changes in his child’s domicile; b) the mother is entitled to elect whether her child’s domicile must be changed with hers, under the condition of the father’s death or of when the child is illegitimate. However, the factor of adoption changes everything, as it allows an adopted child to receive a new domicile of origin derived from the…show more content…
They are: a) jurisdiction; b) applicable law; and c) recognition and enforcement of foreign judgments. In the United Kingdom, the aforesaid three domains are determined by connecting factors. In respect of the first domain, English courts tend to establish jurisdiction by means of the following connecting factors: nexus and ties between things, person, country, transaction, place of occurrence, etc. In the context of the second domain, English courts often connect legal categories to applicable laws, such as contract, succession, or tort in order to make decision with regard to the laws that apply to a specific dispute or case. With regard to the third domain, English courts decide on the recognition and enforcement of foreign judgments by way of focusing on outstanding facts that make it possible to establish natural connection between factual patterns and specific system of
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