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LexInter | September 6, 2002 | 0 Comments

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Article 102
(Law of November 12, 1938)) (Ordinance n ° 58-923 of October 7, 1958 art. 1 Official Journal of October 9, 1958) (Law n ° 69-3 of January 3, 1969 art. 13 Official Journal of January 5, 1969 in effective January 1, 1970)

The domicile of every French person, as to the exercise of his civil rights , is at the place where he has his principal establishment.
Boatmen and other persons living on board an inland navigation vessel registered in France, who do not have the domicile provided for in the previous paragraph or a legal domicile, are required to choose a domicile in one of the municipalities whose the name appears on a list established by order of the Keeper of the Seals, Minister of Justice, the Minister of the Interior and the Minister of Public Works, Transport and Tourism. However, salaried boatmen and people living on board with them may be domiciled in another municipality provided that the company operating the boat has its head office or an establishment there; in this case, the domicile is fixed in the offices of this company; in the absence of a choice made by them,

Article 103
The change of domicile will be effected by the fact of a real dwelling in another place, joined with the intention of establishing its main establishment there.
Article 104
Proof of intention will result from an express declaration, made both to the municipality of the place you will be leaving, and to that of the place where you have transferred your domicile.
Article 105
In the absence of an express declaration, proof of intention will depend on the circumstances.
Article 106
The citizen called to a temporary or revocable public function, will keep the domicile which he had previously, if he has not manifested any contrary intention.
Article 107
The acceptance of functions conferred for life will entail immediate transfer from the official’s domicile to the place where he must exercise these functions.
Article 108
(Law of February 6, 1893))

(Law n ° 75-617 of July 11, 1975 art. 2 Official Journal of July 12, 1975 in force on July 1, 1976)

Husband and wife can have a separate domicile without infringing on the rules relating to the community of life.
Any notification made to a spouse, even separated from body, in matters of the status and capacity of the persons, must also be sent to his spouse, on pain of nullity.

Article 108-1
(inserted by Law n ° 75-617 of July 11, 1975 art. 2 Official Journal of July 12, 1975 in force on July 1, 1976)

The separate residence of the spouses, during the divorce or legal separation procedure, automatically entails a separate domicile.

Article 108-2
(inserted by Law n ° 75-617 of July 11, 1975 art. 2 Official Journal of July 12, 1975 in force on July 1, 1976)

The unemancipated minor is domiciled with his father and mother.
If the father and mother have separate domiciles, he is domiciled with the parent with whom he resides.

Article 108-3
(inserted by Law n ° 75-617 of July 11, 1975 art. 2 Official Journal of July 12, 1975 in force on July 1, 1976)

The adult under guardianship is domiciled with his guardian.

Article 109
Adults who usually serve or work for others will have the same domicile as the person they serve or for whom they work, when they stay with them in the same house.
Article 111
(Decree n ° 75-1122 of December 5, 1975 art. 1 Official Journal of December 9, 1975 in force on January 1, 1976)

When an act contains, on the part of the parties or of one of them, the choice of domicile for the execution of this same act in a place other than that of the real domicile, the service, requests and proceedings relating to this act, may be made at the agreed domicile, and, subject to the provisions of article 48 of the new Code of Civil Procedure, before the judge of this domicile.

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