Civil Transactions
Civil Transactions Law (1): Domicile
The Civil Transactions Law defines domicile as the place where a person ordinarily resides. It also permits a person to have more than one domicile at the same time. Where a person has no domicile, the place where the person is found shall be deemed to be their domicile. If their whereabouts are unknown, their domicile shall be deemed to be the last place where they were found.
With respect to the management of a commercial or professional activity, the place where a person carries out such activity shall be deemed to be their domicile.
The Law also addresses cases involving lack or incapacity of legal capacity, as well as cases involving missing or absent persons. In such cases, the domicile of the person’s legal representative shall be deemed to be their domicile. A person with limited legal capacity may also have a separate domicile in relation to transactions that they are legally permitted to undertake.
The Law further permits a person to designate an elected domicile for a particular matter, which shall be deemed their domicile for all matters relating to that matter, provided that the designation of such elected domicile is established in writing.
Importance of Domicile
Determining a person’s domicile is of particular importance in procedural matters, including, for example, attachment and enforcement proceedings, the filing of legal actions, and other procedures in which the determination of domicile is of fundamental significance.
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