Louisiana My Home Sweet Home: Decodifying Domicile

78 Pages Posted: 11 Dec 2018

See all articles by Nikolaos Davrados

Nikolaos Davrados

Loyola University New Orleans College of Law; University of Nicosia

Date Written: October 26, 2018

Abstract

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

Suggested Citation

Davrados, Nikolaos, Louisiana My Home Sweet Home: Decodifying Domicile (October 26, 2018). 64 Loy. L. Rev. 287 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-16. Available at SSRN: https://ssrn.com/abstract=3290912

Nikolaos Davrados (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States

University of Nicosia ( email )

46 Makedonitissas Avenue
Nicosia, Nicosia 24005
Cyprus

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