Wednesday, July 21, 2021

Domicile


Definition

Article 183 defines domicile as “the place where such person has established the principal seat of his business and of his interest, with the intention of living there permanently”.  Principal seat of business refers to the place where occupational activities are carried out; and a person’s seat of social and family life is considered as the principal seat of his interest.  Permanent intention to reside in a certain place is presumed “where a person has his normal residence in such place”. (184/1)

 

Rationale

The issue of domicile arises when conflict of laws require the determination of the legal system that must be applicable.

 

Unity of domicile:

Unlike residence, one can’t have more than one domicile.  A person can have only one domicile at a time (186).  Where a person’s place of work differs from the place where he has his family and social life, the latter shall be deemed to be his domicile (185).  

 

Change of domicile

The locality of a person’s previous domicile shall be retained until he establishes a domicile in another place (187).

N.B. The term “locality” in Article 187 implies a wider concept than a specific residence at a   particular “place”.

 

Domicile determined by law

Persons whose last domicile is unknown (art. 188) shall be deemed to have domicile at their:

-  normal residence; or,

-  in default of normal residence at their ordinary residence; or, - in default of residence, where a person is shall be deemed to be the place of   domicile.

      Married couple (189) shall have the same domicile.

      A minor who is not emancipated (190) shall have the domicile of his guardian.

      The place where the interdicted person was at the time of his interdiction (191) shall be considered as his domicile.

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