domicilio (de un contrato)

19:19 Oct 31, 2006 

§ 17 Commercial and Legal Domicile

Commercial domicile for the performance of the contracting parties is the registered seat of Nero AG, Karlsbad, Germany. The legal domicile is agreed to be the court competent for the place of performance, if the customer is a tradesman, a legal person or special institution by public law or if he does not have a general venue in the Federal Republic of Germany. The contracting parties agree, that all legal relations of this contract now and after fulfillment of the contract shall be construed and enforced in accordance with German law, excluding the UN purchase right.

19:16 Oct 31, 2006 

Blacks Law Dictionary
4th Ed., Page 1176

As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not indentical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply required bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.]

"Residence" is not synonyumous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188.

In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).