Residence

The residence is a notion born of the Latin phrase domus indicating the place where a person lives, but also the point fixes where the interests of a person brings back it regularly.

It is thus about the geographical location stable and considered permanent of the subjects of rights, allowing, according to the senior Jean Carbonnier, “to attach to the residence a simple presumption of permanent presence”. This is why the Acte S Judiciaire S made in its residence are opposable for him.

In Substantive law, the residence is fixed instead of the principal establishment. This concept is distinct from that of Résidence.

France

Civil law

The geographical location is, in private law, an element of individualization and personality. Any subject of right must elect residence, not fixes to which its interests are. This geographical location makes it possible to determine the administrative authorities or legal territorialement qualified with which one perhaps confronted.

Thus, the geographically qualified Tribunal is, in theory, that in the spring of which the Défendeur in his residence. Article 155 of the Civil code provides that the marriage is celebrated in front of the officer of civil statue of the commune where one of the husbands has his residence.

Characters of the residence

The residence joins together two essential principles imperatively: those of the need and the unicity of the residence.

  • need for the residence.

Because the subject of right, and considering that any person has necessarily a legal personality and thus must be able to be localized by its fastening with a place given and permanent, the character necessary of the residence takes all its direction. Thus, the people carrying on a nonsedentary marketing activity as well as the Travelling entertainers have obligation to declare themselves with the services of the commune to which they wish to be attached. Concerning the people Without fixed residence, those can be made domicile near associations of insertion or the social services the such Communal centres of social action (CCAS).

  • the unicity of the residence.

Any person can have one residence. It is a frequent source of confusion between the concepts of residence and residence. The residence is the place of the principal establishment, which makes it possible to attach juridically, that it lives there in a stable way or not.

Criminal law

The criminal Law has residence a design rather different from the Civil law, since the residence, with the penal direction of the term, is, under the terms of a constant Jurisprudence of the court of criminal appeal of the Court of appeal the “place where a person, which she lives there or not, has the right to say at her , whatever the legal claim of its occupation and the assignment given to the buildings”.

It cannot be a question of a public place (restaurant, station, hall of building, common part of a hotel, etc) but can completely be a hotel room, a Camping-car, even a tent.

If the concept of residence recovers the dwelling strictly speaking and its immediate dependences (cellar, terrace, balcony, but also letter-box, niche, etc), it could not include/understand a motor vehicle (except if it were especially arranged), nor a ground, a court or a nonclosed dependence.

It is not necessary that the subject of right lives really a place to profit, within the meaning of the definition of the Court of appeal, of the protection of the residence. The title of occupation is quite as inoperative and the protection of the residence profits with any occupant, whatever his right or the validity of this one, and thus including in the event of expiry of the Bail, even of procedure of expulsion.

Belgium

The concept of principal residence more strict and is controlled in Belgium that in France. Any person residing in Belgium, Belgian or foreign, with the obligation to announce its change of residence to the municipal administration in the eight days. The administration sends a civil servant (generally a Agent of district, member of the local police) to control the exactitude and the reality of the residence and Composition of household. A person whose police force noted that it does not reside indeed any more at her principal residence, and whose real residence is not known, can be erased of office, which involves the loss of many social rights and policies, of which right to vote. A contrario , any Belgian registered with the register of population is of office included on the list of the voters if it meets the legal conditions of age and others.

The legislation in force:

  • July 19th, 1991. - Relative law with the registers of the population and the indentity cards and amending the law of August 8th, 1983 organizing a national Register of the natural persons.
  • July 16th, 1992. - Royal Decree relating to the registers of the population and the register from abroad.
  • October 7th, 1992. - Circular relating to the behavior of the registers of the population and abroad.

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