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Civil Law

Explanation of Article 11

Explanation of Article 11

This article clarifies the fourth type of domicile, which is the "chosen domicile," and the ruling of the article is also an exception to the general rule regarding domicile. To explain the concept of the article, it is necessary to distinguish between two types of activities in this context:

  • The first type: Commercial or professional activities that a person practices on a regular basis; the domicile is the place of commerce or profession according to what is stipulated in Article (9).

  • The second type: Activities that are not described as commerce or profession. The default is that the person's domicile in such cases is the general domicile. However, the first paragraph of the article states that a person may choose another domicile for these activities, such as choosing a lawyer's office in a city other than the person's city to be a domicile for receiving documents regarding a specific task, or a debtor choosing a city other than the one they reside in to be a domicile for fulfilling a specific task, or a buyer choosing a city other than their own to be a domicile for executing a sales contract, for example, to settle remaining installments or to apply the rules of compulsory execution. It is also permissible for the domicile to be limited to some of these activities.

The chosen domicile ends with the conclusion of the task for which it was chosen. Based on the ruling of this article, the chosen domicile is for a specific task; therefore, a person cannot choose a general domicile that contradicts the general domicile established according to the provisions of Article Eight. The second paragraph states that for the chosen domicile to be proven in case of dispute, it must be in writing, and nothing else is considered, and the value of the task is not taken into account in this case.

Related To

Article 11

  1. A person may elect a domicile for a certain act; the elected domicile shall be the domicile of all matters relating to such act, unless it is explicitly restricted to certain acts to the exclusion of others.

  2. An elected domicile may be established only in writing.