lex domicilii

Literal translation

law of the domicile

Legal meaning

Lex domicilii refers to the law of the place where a person is domiciled. In South African private international law, it is used as a connecting factor, especially in questions concerning personal status, capacity, and certain family-law consequences. South African courts have historically used domicile to determine the applicable law in matters such as succession to movable property and aspects of matrimonial property, subject to constitutional and statutory developments.

Examples

• The court considered the lex domicilii to determine whether the deceased had capacity to contract a valid marriage.
• In matters of succession to movables, the lex domicilii of the deceased traditionally governs.
• Counsel argued that the spouse’s proprietary consequences should be assessed with reference to the lex domicilii at the relevant time.

• 🇿🇼 Pauline Mutsa Makoni v Julius Tawona Makoni
  Supreme Court
• 🇿🇦 Scheer v Wagner N.O. & Others
  Supreme Court of Appeal of South Africa· 2026-03-23· 1109/2024

  insolvent's movable property located in South Africa because such assets follow the lex domicilii (law of domicile), and therefore vest in the trustee upon the foreign sequestration. Although formal

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Areas of law