Article 37: Domicile

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 5698/2541 (1998)

   Retaining one's name in a house register does not preserve domicile there if the person has in fact established their principal residence elsewhere.

   Both defendants had moved away from the address listed in the house registration, establishing their actual residence elsewhere. The Supreme Court held that domicile had shifted to their new principal residence regardless of the reason for the move, and that merely retaining their names in the old register without actually notifying a change was insufficient to preserve the old domicile. Service of process at the old address was therefore invalid.

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2. Arrêt de la Cour suprême n° 5684/2538 (1995)

   Where a person deregisters from their former address without establishing a new principal residence, and the deregistration appears motivated by debt evasion, the former address remains their domicile.

   The defendant had deregistered from their former address but had not registered at any new address, making it impossible to identify any new domicile. The Court inferred that without a clear intent to relocate, the former address remained the domicile, especially where the deregistration appeared designed to evade creditors.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.