Domicile and residence - legal rights and obligations for citizens

In the context of increasing mobility and frequent changes of domicile, it is essential for citizens to understand the legal rights and obligations related to the establishment and change of domicile and residence. According to the Civil Code, Romanian citizens have the right to freely choose their domicile or residence, whether in the country or abroad, with certain exceptions provided by law.

The law grants every Romanian citizen the right to establish or change their domicile and residence without restrictions, based on their personal or professional needs. However, it is important to note that a person may only have one official domicile and one official residence at any given time.

Domicile represents a person's primary residence, while residence refers to a secondary home. This distinction is relevant in numerous legal contexts, such as contractual or employment relationships, as well as official addresses for receiving correspondence.

According to the law, the establishment or change of domicile only takes effect when the person intends to reside permanently in that location. This intention is evidenced by the person's declarations made to the competent administrative authorities to register or change the domicile, or, in the absence of such declarations, through other factual circumstances.

To prove their domicile or residence, citizens must present the information recorded in their identification documents. If this information is not up to date, the domicile or residence cannot be enforceable against third parties, except in cases where such information is known through other means.

If a person's domicile is unknown, it is presumed that they reside at the declared residence. In cases where there is no residence, it is presumed that the person resides at their last known domicile.

The establishment of domicile or residence is not just a formality, but an action with clear legal implications. Whether we are talking about contracts, civil rights, or tax obligations, the choice and registration of these details are essential.

Changing domicile involves more than simply moving to a new home. It is necessary to follow legal steps, notify the authorities, and obtain the appropriate documents to ensure that your rights and obligations remain protected.