The civil, criminal and constitutional issues regarding the guarantee and enforcement of the right to have a domicile from a national and international perspective

• Author: R. Matefi/M.M. Bârsan
• Position: Law Department, Transilvania University of Brasov
• Pages: 189-196

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 1 - 2015

THE CIVIL, CRIMINAL AND

CONSTITUTIONAL ISSUES REGARDING

THE GUARANTEE AND ENFORCEMENT

OF THE RIGHT TO HAVE A DOMICILE

FROM A NATIONAL AND

INTERNATIONAL PERSPECTIVE

R. MATEFI1 M.M. BÂRSAN1

Abstract: The current study analyzes the right to have a domicile including

its two aspects, the intangibility of the domicile and the free choice, change

or use of the domicile. We are analyzing this theme from a threefold

perspective, that of civil law, criminal law and constitutional law without

leaving out the meaning of this notion as provided by the European Court of

Human Rights as a result of its practice.

Key words: domicile, intangibility, ECHR jurisprudence, civil law,

criminal law.

1 Law Department, Transilvania University of Braşov.

1. The notion of domicile in internal

regulations

As it represents one of the main elements

of identification of a person along with

name and civil status, the concept of

domicile is subject to numerous definitions

provided by the doctrine.

Thus, according to the definition as

provided by the dictionary, the domicile is

that “certain attribute which individualizes

a person in space, resulting in a personal

non patrimonial right which gives the

person the choice to establish its

permanent or main location in a certain

place, according to the law, thus resulting

in some judicial consequences.

A space identification element of the

person, establishing the place where the

stable or permanent residence of a person

is”[7].

Also, the domicile is defined as “the

certain identification attribute of a person

which individualizes that person in space,

by indicating a place with this judicial

meaning” [3] .

According to the French doctrine, the

domicile is the place where “a person is

located in the eyes of the law”[4] or “the

place which is connected to a person“[10];

it is also stated that the domicile “operates

the judicial location of each individual”[6].

According to the legal definition of

article 87 of the Civil Code “a person’s

domicile is where he declares his main

residence in order to exercise his legal

rights and liberties”, whereas

Government’s Emergency Ordinance no