Interactive Approaches upon the Residence of a Natural Person and their Connections with Civil Procesual Law, Civil Law and Fiscal Law

Author:Nicu Duret, Gabriela Mironov Duret
Position:Danubius University of Galati, Faculty of Law - Danubius University of Galati, Faculty of Law
Pages:428-433
SUMMARY

In our law, the home has a great importance, the birth, modification, assigning or annulling certain legal relationships being related to it. It can be confirmed without fear of making a mistake that there is no branch of the Law, inside the laws system in our country, which in one way or another is not settling by juridical norms the social relations whose birth, modification, assigning or... (see full summary)

 
FREE EXCERPT
Interactive Approaches upon the Residence of a Natural Person and their
Connections with Civil Procesual Law, Civil Law and Fiscal Law
Duret Nicu.1, Mironov Duret Gabriela.2,
1Danubius University of Galati, Faculty of Law, duretnicu@univ-danubius.ro
2Danubius University of Galati, Faculty of Law, Gabriela.duret@univ-danubius.ro
Abstract: In our law, the home has a great importance, the birth, modification, assigning or annulling
certain legal relationships being related to it. It can be confirmed without fear of making a mistake that
there is no branch of the Law, inside the laws system in our country, which in one way or another is not
settling by juridical norms the social relations whose birth, modification, assigning or annulling are not
related by the existence of the home of the natural person.
Keywords: home, residence, person.
1.1. The notion of home
The identification of the natural person in a certain designated place shows interest in the birth,
modification, assigning or annulling the legal relationships, as well as in exerting the rights and
obligations that form the content of these relationships.
The origin of the word „home”, from etymological point o f view, lies in the Latin expression „domum
colere” meaning the house in which someone lives.
Also in our law the home represents the essential criteria for determining the residence of a natural
person. Not any house is considered to be the home of a natural person. Indeed, the house in which a
person lives can be considered as his/her home, as well as such a house could serve only as a domicile
for that person or it could not be considered even as a residence
1
.
In a popular meaning, the home is a personal house, in which everyone is free to forbid the access to
anyone he wants, no matter if he/she is living there as owner, lodger or under any other title that he/she
has. The other way round, the home is the right of anyone to make his home an asylum and refuge
place for the others; it is then the right of the owner to live – if he/she wants – alone and untroubled,
protected against the indiscrete interventions, intrusions and interferences of others, it is the freedom
to have peace to your place. The home is one of the means to make your private life be respected
2
.
The Civil Law has another outlook of the home, it concerns mainly not to protect the person in this
place, but especially to place him/her in a space and it concerns also the effects that follow from this
determination
3
.
Based on these essential grounds, the science of the law had to create the institution of domicile.
By domicile, in general, one understands that identification attribute of the natural person, which
1 D. Lupulescu, Numele şi domiciliul persoane fizice, E.S.E., Bucureşti, 198 2, p. 64; D.Lupulescu, A.M. Lupulescu, Drept
civil-Persoana fizică, Ed. Editas, Bucureşti, 2003, p.112.
2 O. Ungureanu, C.Jugastru, Drept civil-Persoanele, Ed. Rosetti, Bucureşti, 2003, p. 162
3 O. Ungureanu, C. Jugastru, op. cit. p. 162
428

To continue reading

REQUEST YOUR TRIAL