Chapter 5. Residence and Domicile
Section 1. Residence
Art. 174.—Definition.
The residence of the person is the place where he normally resides.
Art. 175.- Mere sojourn in a place.
(1) The mere fact that a person is for a time in a certain place shall not be sufficient to constitute for him a residence in such place.
(2) Notwithstanding the provisions of sub-art. (1) a residence is acquired whenever the sojourn is to last, or has lasted, in fact, more than three months.
Art. 176.- Persons without proved residence.
The place where a person is shall be deemed to be his residence, unless it is proved that such person has his residence in another place.
Art. 177.- Several residences.
(1) A person may have several residences.
(2) One of such residences may have the character of principal residences, and the other residences that of secondary residences.
Art. 178.- Married women and minors.
(1) Married women may have a residence of their own.
(2) The same shall apply to minors and interdicted persons.
Art. 179.- Public officials.
Public official shall be deemed to have a residence in the place where they exercise their functions.
Art. 180.- Traders.
The place where a person carries on trade shall be deemed to be a residence of such person.
Art. 181.- Residence-stipulated.- 1. Principle.
A person may validly stipulate that, in his relations with another person, or as regards a specific business or activity, a given place shall be deemed to be his residence.
Art. 182.- 2. Effects.
(1) Unless otherwise expressly agreed, the person in whose favour such stipulation is made shall not be bound by it.
(2) He may, at his option, consider as being the residence of the other contracting party either the actual residence of the latter or the residence which has been stipulated.
Section 2. Domicile
Art. 183.- Definition.
The domicile of a person is the place where such person has established the principal seat of his business and of his interests, with the intention of living there permanently.
Art. 184.- Presumed intention.
(1) Where a person has his normal residence in a place, he shall be deemed to have the intention of residing permanently in such place.
(2) An intention to the contrary expressed by such person shall not be taken into consideration unless it is sufficiently precise, and it is to take effect on the happening of an event which will normally happen according to the ordinary course of things.
Art. 185.- Professional and family life.
Where a person performs the work of his calling in a place, and passes his family or social life in an other place, he shall in case of doubt be deemed to have his domicile in the latter place.
Art. 186.- Unity of domicile.
No person may have his domicile in several places at the same time.
Art.187- Change of domicile.
A person shall retain his domicile in the locality where it was established, so long as he has not established such domicile in another place.
Art. 188.- Unknown domicile.
(1) Where it can not be established where a person has or had his last domicile, the place of his normal residence shall be deemed to be the place of his domicile.
(2) In default of a normal residence, regard shall be had to the secondary residence first established.
(3) In default of residence, regard shall be had to the place where the interested person is.
Art. 189.- Married people.
(1) A married woman has the domicile of her husband so long as the marriage lasts.
(2) She may acquire a domicile of her own when the husband is affected by a judicial or legal interdiction.
Art.190.- Minor.
An unemancipated minor shall have the domicile of his guardian.
Art. 191. Interdicted person.
An interdicted person shall retain his domicile at the place where it was established at the time of his interdiction.
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