Fundamentele juridice de drept privat ale noțiunilor de domiciliu şi reşedință obişnuită a persoanei fizice
Civil Law Fundamentals for the Notions of Domicile and Habitually Residence of the Natural Person

Summary/Abstract: The domicile (home address) and the habitual residence of a natural person are two civil law notions with a broad application in both Internal and European Laws with regard to the personal law. They are liaison points in Private International Law alongside the notion of citizenship and, thus determine the applicable jurisdiction. Fundamentals of a juridical, social, political, economic and moral nature lay at the basis of each of the two notions, and these fundamentals are always in correlation with the society’s evolution, in each considered historical period. The usual address of residence of a natural person has its fundamentals also in European law, such the principle of subsidiarity, the legitimate expectations and effectiveness, therefore, it is a notion that is closely tied to the European citizenship and to the free movement of goods, of persons, of services, of capitals, and to which it provides content. For the European member states, the habitual residence of a natural person is, next to the person’s citizenship, the second point of liaison in determining the applicable law and jurisdiction, in determining the personal law, which is detrimental to the person’s home address. The 7th Book of the New Civil Law takes this notion into account in resolving the cases with a foreign element, which is found in the body of the Internal Civil Law regulations, namely, as „house”, a term that is used in lieu of the Domicile (Home Address). The current evolution of society, positively supports the choices made by the national and the European law makers for the solution of the citizenship and usual residence address, while at the international level, the notion of domicile continues to hold its current way of use.

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