Dutch Civil Code

Book 1 Law of Persons and Family Law

Title 1.3 Domicile (residence)

Article 1:10 Domicile of a natural person and legal person
- 1. The domicile of a natural person is located at his habitual residence and, in the absence of a habitual residence, at the place where he actually stays.
- 2. The domicile of a legal person is located at the place where he has his seat according to law or his articles of incorporation or by-laws.

Article 1:11 Loss and change of domicile
- 1. A natural person loses his habitual residence by actions showing his intention to abandon it.
- 2. A natural person is presumed to have moved his habitual residence when he has notified the appropriate municipal authorities [Municipal Personal Records Database (GBA)] that he has moved to another address.

Article 1:12 Dependant domicile of persons without full legal capacity
- 1. The domicile of a minor is located at the same address as the domicile of the person who exercises authority over him; the domicile of an adult who has been placed under guardianship ('curatele'), is located at the same address as the domicile of the person who has been appointed by the court as the adult's legal guardian ('curator'). Where both parents jointly exercise authority over their minor child, yet they do not have the same domicile, the child’s domicile will be located at the address of the domicile of the parent with whom it actually stays or did stay most recently.
- 2. When the property of a person is put under fiduciary administration, the domicile of this person is located, for all matters related to this fiduciary administration, at the same address as the domicile of the legal administrator.
- 3. When a mentorship has been established on behalf of a person, his domicile is located, for all matters related to this protective mentorship, at the same address as the domicile of the legal mentor.
- 4. Paragraph 1, 2 and 3 do not apply as far as it concerns the territorial jurisdiction (jurisdiction ‘ratione loci’) of the court during the guardianship of an adult ('curatele'), a fiduciary administration of property pursuant to Title 19 of Book 1 of the Civil Code or a mentorship. The same applies if a guardianship of an adult, a fiduciary administration of property pursuant to Title 19 of Book 1 of the Civil Code, a fiduciary administration of property pursuant to Section 7 of Title 5 of Book 4 of the Civil Code or a fiduciary administration of property pursuant to Article 7:182 is effective with respect to a person and the Subdistrict Court with territorial jurisdiction has assigned the territorial jurisdiction exclusively to another Subdistrict Court.
- 5. When the person whose domicile has been assigned by law as the domicile of another person, dies or loses his authority or capacity, then the domicile of this other person will nevertheless continue to be located at his domicile until this other person has obtained a new domicile.

Article 1:13 Last address of the deceased
The last address of a deceased person is the one where he had his last domicile.

Article 1:14 Domicile in connection with a head office or a branch office
A person who keeps a head office has, for all matters related to his enterprise, his domicile also at the place of this head office. A person who keeps a branch office has, for all matters related to this specific branch, his domicile also at the place of this branch office.

Article 1:15 Elected domicile
A person may only elect a domicile different than his real domicile when the law forces him to do so or when his choice for such an elected domicile is made by written agreement or by an agreement concluded by electronic means and it relates only to one or more specific juridical acts or legal relationships and there is a reasonable interest in having an elected domicile. If the choice is made by an agreement concluded by electronic means, then Article 6:227a paragraph 1 applies accordingly.