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

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

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