Understanding Domicile: Legal Seat, Residence, and Obligations

Domicile is the legal seat of a person, emerging as a key concept in civil law. It allows for locating the subject, ensuring stability and security in legal relations. Without it, legal relations would be highly unstable and unsafe.

The domicile also helps locate the subject and may have relevance for other aspects, such as determining the territorial jurisdiction of a court or tribunal. Professor Albaladejo stresses that, despite its importance, domicile does not create any legal relationship between the person and the dwelling place, nor does it imply any civil status for the resident.

The primary role of domicile is to constitute the juridical seat of the subject, making it the place to exercise their rights and meet their obligations.

Types of Domicile

There are different modes of address, primarily divided into two categories:

1. General Domicile

This is the person's legal headquarters for the generality of their affairs. It can be further subdivided:

• Domicile or Volunteer: As referred to in paragraph 1 of art. 40 CC, the domicile of natural persons for the exercise of rights and fulfillment of obligations is the place of habitual residence.
• Legal Address: Paragraph 2 of art. 40 CC indicates that the homes of diplomats living abroad because of their positions, who enjoy the right of extraterritoriality, will be the last they had in Spanish territory.

2. Special Addresses

These are determined by rules or activities and address specific issues. Examples include tax residence and procedural address.

Requirements for Domicile

The Code specifies that domicile shall be the place of habitual residence, which includes at least two major elements:

1. Material Element (Corpus)

This is the physical location where the subject resides. The CC refers to this element as home.

2. Spiritual Element (Animus Manendi)

This is the will, spirit, or intent of the subject to remain in that place. Art. 40 CC refers to this element as "habitual".