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Persons Capacity Domicile

Page: 5

Section: 35 - 47

Section 35.- In the case the curator does not give consent to the quasi-incompetent for doing any such acts under Section 34 without reasonable ground, the Court may, upon the application of the quasi-incompetent, permit him to do the act without having to obtain consent of his curator, if the act will be beneficial for the quasi-incompetent.

Section 36.- If the cause for the Court adjustment of the quasi-incompetent ceases to exist, the provisions of Section 33 shall be applied, mutatis mutandis.

 PART III

DOMICILE

 

Section 37.- The domicile of a natural person is the place where he has his principle residence.

 

Section 38.- If a natural person has several residences where he lives alternately, or various centres of habitual occupation, either, one shall be considered his domicile.

 

Section 39.- If the domicile is not known, the place of residence is deemed to be his domicile.

 

Section 40.- The domicile of a natural person, who has no habitual residence, or employs his life in voyages without a central place of business, shall be held to be the place where he is found.

 

Section 41.- The domicile is changed by transferring the residence with manifest intention of changing it.

 

Section 42.- If a person selects any placewith manifest intention of making it a special domicile for any act, that is deemed to be the domicile in respect to such act.

 

Section 43.- The domicile of husband and wife is the place where husband and wife cohabit as husband and wife unless either husband or wife expresses his/her intention to have a separate domicile.

 

Section 44.- The domicile of a minor is that domicile of his legal representative who is the person exercising parental power or the guardian.

In case of the minor is under parental power of his parents and the parents have separate domiciles, the minor shall have domicile of his father or mother with whom he lives.

 

Section 45.- The domicile of an incompetent person is the domicile of his guardian.

 

Section 46.- The domicile of a public official is the place where he exercises his duty, provided that such a duty is not temporary, periodical or mere commission.

 

Section 47.- The domicile of a convict by a final judgement of the Court or by a lawful order is the prison or penal institution where he is imprisoned until his release.