The former is a legal situation while the latter is a position of fact .However, the conflict of laws started to arise around XII century when in the north of Italy many independent cities existed which established relations among them through trade.In English law there are two elements: The “factum”, like American law, and moreover, the “animus”.In other words, to live in a country and to have the intention of not leaving to other nation. Raffenel a woman left to France with the “animus” of not coming back to England, but in the trip she felt ill and tried to come back to her country, but she died. An element essential to the domicile, therefore, is the “animus” or intention of the subject.
This can prove very discouraging for the reader because one has trouble differenciating between the author's thoughts.
Lord Cranworth in Whicker v Hume (1858) described domicile as “permanent home”.