How is your legal domicile determined? What you need to know

In the intricacies of the law, domicile is much more than just a postal address. This legal concept determines where you will be summoned to court, which court has jurisdiction over your disputes and even some of your civil rights. But how exactly does the law determine your domicile? The answers are sometimes surprising.

Domicile, a legal fiction with practical consequences

Article 102 of the Civil Code defines domicile as "the place where [the person] has his main establishment". This abstract definition conceals a more nuanced reality. Domicile corresponds to a legal geographical connection that may differ from your actual place of residence.

This distinction has important consequences: determination of the competent court, place of payment of obligations, receipt of procedural documents. This is why the law has developed several types of domicile.

Voluntary domicile: where is your "principal place of business"?

Criteria for determining the principal place of business

Judges use several clues to identify your voluntary residence:

• Actual residence Where do you actually live, on a stable basis?
• Family ties Where are your loved ones?
• Material and professional interests Where do you work and where are your assets?
• Exercising civic rights Where do you vote and pay tax?

The trial judge has sovereign discretion to determine these elements. The Cour de cassation does not review this classification.

The hierarchy of criteria

When these clues point to different locations, judges generally favour :

1. Actual residence
2. The place of material interests
3. Family ties
4. Exercising civic rights

But this hierarchy is not rigid. The nature of the dispute often influences the weight given to each criterion.

If you have multiple residences, the judge will look for the one that constitutes the centre of your main interests. The legislator has laid down specific rules for people with no fixed place of residence.

Elected domicile: a conventional choice

Principle and effects

An elected domicile is a purely fictitious domicile, chosen for the performance of a specific act. Article 111 of the Civil Code provides that the parties may elect domicile "for the performance of the same act in a place other than that of the real domicile".

This election has two major effects:

• Jurisdiction is vested in the court for the elected domicile
• Possibility of effecting service of the document concerned

Electing domicile with a lawyer

In civil proceedings, the appointment of a lawyer automatically entails an election of domicile with that lawyer (articles 751, 899 and 973 of the Code of Civil Procedure).

However, this election has limited effects. The Court of Cassation has ruled that judgments must be served on the parties themselves and not on their lawyers, even if the latter have elected domicile (Civ. 2e, 2 Dec. 2010, no. 09-65.987).

Electing domicile with a bailiff

Article R. 141-1 of the Code of Civil Enforcement Procedures provides that the delivery of an enforcement order to a bailiff "entails election of domicile in his office for all notifications relating to this enforcement".

The bailiff must then inform his principal of the notifications received. This provision facilitates the enforcement of court decisions.

Domicile imposed by law: when the legislator decides for you

Dependency home

Some people are assigned a domicile by law:

• Unemancipated minors domiciled with their parents (article 108-2 of the French Civil Code)
• Adults under guardianship domiciled with their guardian (article 108-3 of the French Civil Code)
• People working and staying with others domiciled with their employer (article 109 of the Civil Code)

These rules are designed to protect vulnerable people and simplify the procedures that affect them.

Company domicile

Article 107 of the Civil Code provides that acceptance of a position conferred for life (judge, notary, bailiff) entails immediate transfer of domicile to the place where the position is held.

This rule is designed to guarantee the independence of irremovable magistrates and judicial officers.

Home address

For people with no stable place of residence, article 102 paragraph 3 of the Civil Code requires boatmen to choose a place of residence in a commune on a list drawn up by ministerial decree.

In the absence of a choice, they are domiciled at the head office of the company operating the boat or at the Paris charter office if the head office is abroad.

Apparent domicile: protection for bona fide third parties

The law recognises the concept of apparent domicile: a place which, in the eyes of bona fide third parties, appears to be a person's real domicile when in fact it is not.

Case law protects third parties who have legitimately believed in a person's apparent domicile. A ruling by the Court of Cassation (Com., 19 Feb 2008, no. 06-19.409) confirmed that judges may hold that a plaintiff may have believed in good faith that a place was the defendant's true domicile on the basis of appearance.

This concept makes it possible to avoid the annulment of proceedings brought against a person at an address that appeared to be their domicile.

The appearance may be the result of a number of factors: a note on the letterbox, statements from neighbours, or the behaviour of the person concerned themselves.

Our lawyers have found that determining domicile raises complex issues, especially in the case of recent moves or multiple residences. Legal advice may be needed to determine which court has jurisdiction or to contest service of documents. Do not hesitate to contact us for an in-depth consultation on your particular situation.

Sources

• Civil Code, articles 102 to 111
• Code of Civil Procedure, articles 751, 899 and 973
• Code of Civil Enforcement Procedures, article R. 141-1
• Civ. 2e, 2 December 2010, no. 09-65.987, Bull. civ. II, no. 195
• Com., 19 February 2008, no. 06-19.409
• "Domicile, demeure et résidence", Jérémy Jourdan-Marques, Répertoire de procédure civile, January 2017