Domicile et Résidence

Study Notes

Domicile: A territorial concept, legally and administratively linking a person to a specific location. Its primary goal is to connect an individual to a precise point within a country's territory. It is considered inviolable and a protected right.
Differences between domicile and residence commonly exist. Definitions can vary across legal systems, cultures, and time periods. There's no absolute conformity.
Domicile is often employed to determine a person's personal law and, in some instances, no distinction is drawn between domicile and residence.
Code Civil Article 102 defines domicile as the place where a person has their primary establishment, emphasizing the idea of a person's main operational and legal location.
Establishment implies a place with a person's core interests, unlike residence which is a more concrete and temporary place.
Distinction exists between domicile, residence, and habitation. Domicile signifies legal attachment, while residence is a temporary location and habitation denotes a temporary space, not legally connected.
A person can have multiple residences, but only one domicile.
Domicile is relevant in determining aspects like inheritance, and legal action, particularly regarding property.
The law applicable to a person's case depends on their domicile and property location, not just their residence.

Voluntary domicile: A choice stemming from the person's intention. It requires a material element (a chosen location) and an intentional aspect (a genuine desire to be at that location). The selected place needs to reflect professional, personal, and economic reasons.
Forced/Legal domicile: Domicile compelled by law. Subdivided into two categories:
- Subjective legal domicile: This category accounts for a forced domicile imposed by law for various reasons.
- Professional legal domicile: This is a forced domicile imposed to reflect professional work or service requirements.
Domicile in Special Cases: Some legal systems dictate a forced domicile, often preventing women from choosing a separate domicile from their husband's or father's.
Forced domicile of minors and vulnerable individuals is assigned through a guardian or trustee.
Professional domicile assigned to officials, public servants, and employees due to their work place.

Inviolability of domicile: A person's home is protected under law. Unauthorized intrusion violates this right. This right is seen in penal and civil proceedings, property issues, and criminal investigations.
Domicile of Travellers/Migrants: Some individuals, such as those who travel or relocate for work, or those who immigrate have specific issues surrounding domicile determination. Different nations have unique regulations governing such situations.
Domicile of the Nomadic Groups: In certain countries, the concept of domicile can present complications for groups such as nomads, due to the inherent nature of their lifestyle. The precise definition and implementation of domicile requirements can vary depending on the specific legal framework established in different regions.