Louisiana My Home Sweet Home: Decodifying Domicile
64 Loy. L. Rev. 287 (2018)
78 Pages Posted: 11 Dec 2018
Date Written: October 26, 2018
This Article explores the coexistence and dissimilarities of the external and internal functions of domicile of natural persons from both a comparative and Louisiana law perspective. The historical foundations of these connections are examined first (Part I). Next, the discussion focuses on the common-law concept of domicile, particularly its English foundations and American development (Part II), and on the civil law concepts of domicile (Part III) and habitual residence (Part IV). Finally, the main discussion turns to Louisiana’s law of domicile (Part V). This comparison of civil and common law systems reveals that the Louisiana understanding of domicile resembles more closely the American common law model. This comparison also shows that the modern Louisiana private-law rules regulate domicile very effectively. Unfortunately, the same cannot be said with respect to Louisiana’s public-law rules, especially the rules concerning residential qualifications of candidates for public office.
Keywords: domicile, common law, civil law, comparative law, Louisiana
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