French Civil Code: Book I: Of Persons, Title III (original) (raw)

BOOK I. Of Persons.

Decreed 14th March 1803. Promulgated 24th of the same mouth.

TITLE III.

Of Acts Before the Civil Authorities.

  1. The domicil of every Frenchman is, as far as regards the exercise of his civil rights, in that place where he has his principal establishment.
  2. The change of domicil shall be effected by the circumstance of a real habitation in another place, accompanied by an intention of fixing a principal establishment in such latter place.
  3. Proof of such intention shall be collected from an express declaration, made as well to the magistrates of the place which the party shall quit, as to those of the place to which he shall have transferred his domicil.
  4. In default of express declaration, proof of intention shall depend on circumstances.
  5. A citizen called to a public office, temporary or revocable, shall preserve his former domicil, unless he has manifested a contrary intention.
  6. The acceptance of offices, bestowed for life, shall import an immediate removal of the functionary's domicil to the place where he is to exercise his office.
  7. A married woman has no domicil but that of her husband. A minor not emancipated shall have his domicil with his father, mother, or guardian; one of full age, placed under restraint, shall have his with his legal committee.
  8. Persons of full age who constantly serve or labor at the houses of others, shall have the same domicil as the persons with whom they serve or labor, provided they lodge also under the same roof.
  9. The place where an inheritance shall open, is to be determined by the domicil.
  10. When an act shall contain, on behalf of the parties, or one of them, an election of domicil for the execution of the same act in a different place from that of the real domicil, the notifications, demands, and proceedings, relative to such act, may be made at the domicil agreed on, and before the judge of that place.

Bibliography

Code Napoleon; or, The French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris, in 1804. By a Barrister of the Inner Temple. Translation attributed to George Spence (cf. Cushing's Anonyms: A Dictionary of Revealed Authorship and Halkett & Laing's Dictionary of Anonymous and Pseudonymous English Literature and in the Dictionary of National Biography). London: Published by William Benning, Law Bookseller, 1827. xix, 627 pages.

Placed on the Napoleon Series 5/00