Legal Definitions of Domicile and Residence Plurality

Residence Requirements: The Spiritual Element

The following points relate to the non-physical requirements of residence:

• a) Housing Independence: There is no requirement that the residence must be independent housing. As a result, it may well be the house where the subject is living with their parents.
• b) Furnishing Requirements: Proper furniture is not required. Therefore, the residence can be a pension, a hostel, or similar accommodation.

Legal Concepts of Domicile and Residence

3. Elective Domicile or Domicile Appointed by Condition

This third type of address is nothing more nor less than the voluntary setting of an address by a subject to perform a legal transaction.

Our legal system (OJ) supports this for the simple reason that Article 40 of the Civil Code (CC) does not forbid it. Basically, it means that the interested party, when meeting a review, celebrating a business or contract, or arranging the payment of a debt, designates a place for that sole purpose.

This rule provides that contracting parties may establish the covenants, terms, and conditions as they see fit, as long as they are not contrary to law, morality, or public order.

Professor Albaladejo believes that elected domicile is a mere manifestation of that important legal transaction and therefore does not affect the actual or voluntary home to which the subject is referred.

The Supreme Court (TS) has stated that an address elected or registered by name is effective only as a freely fictional setting chosen by stakeholders for a particular matter, but that this does not affect the validity of the physical and voluntary address.

4. Plurality of Residences and Family Domicile

It has been argued whether an individual may have several locations where they are habitually resident—that is, their normal residences.

The vast majority considers that since our Civil Code does not specify otherwise, a person may have a plurality of residences, provided they reside in those two or more places on a regular basis (i.e., possessing objective characteristics of permanence). Therefore, the plurality of homes is supported, especially for the benefit of others.

Important Distinction: Do not confuse habitual residence with mere residence. The latter is only a place where an individual is accidentally or temporarily present, without permanent intent or vocation.