address/domicile

English translation: both are used depending entirely on the precise intended meaning

16:05 Jul 5, 2017
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: address/domicile
¿En los textos legales se utiliza address o domicile?
AndreaMamute
Argentina
Local time: 13:29
Selected answer:both are used depending entirely on the precise intended meaning
Explanation:

Distinctions Between Domicile and Residence

Domicile is a person’s permanent place of dwelling. It is a legal relationship between a person and a locality. It may or may not be of same meaning as the term ‘residence’.

The concept of domicile has different meanings in different context. For purposes of jurisdiction, “domicile” means a legal residence which is the place where a person has fixed dwelling with an intention of making it his/her permanent home[i].

Domicile is a combination of two factors namely, residence and intent to remain. As the term domicile includes residence, the scope and significance of the term domicile is larger than the term residence. An individual may have several residences whereas; s/he will have only one domicile. Domicile is more used in reference to personal rights, duties and obligations[ii].

Generally residence is referred to a place, where one person lives. It is also a building used as home. Residence is of a more temporary nature compared to domicile. An individual’s present physical location of stay is residence[iii]. It may be one among several places where a person may be present. Residence can also be referred to a person’s fixed place of stay without any intention to move from there.

Domicile involves intent of an individual whereas, residence is something objective. A person may have his/her residence in one place and his/her domicile in another[iv].

Whether the term ‘residence’ used in a statute will be construed as having the meaning of ‘domicile’, or vice versa, depends on the purpose of the statute. Also, the nature of the subject matter as well as the context in which the term is used would be taken into consideration[v].

The terms are given equivalent meaning when used in connection with subjects of domestic policy. These terms are given equal meaning where a statute stipulates residence as a qualification for the enjoyment of a privilege or the right of voting in an election[vi].

Residency is a more flexible concept than domicile, and permanency is not a requirement for residency. Even a temporary and transient place of dwelling can qualify as residence. In addition, a minor is legally unable to establish a residence separate and apart from their parents[vii].

Residence takes meaning from the context in the term is found. A definition which fits one situation will not be apt when used in another context or in a different sense[viii].

[i] Snyder v. McLeod, 971 So. 2d 166 (Fla. Dist. Ct. App. 5th Dist. 2007).

[ii] McIntosh v. Maricopa County, 73 Ariz. 366 (Ariz. 1952).

[iii] George Zulakis, Personal Representative of the Estate of Charles M. Decker v. Auto-owners ins. Co., 2001 Mich. App. LEXIS 1874 (Mich. Ct. App. Nov. 20, 2001).

[iv] Missouri Pacific R. Co. v. Lawrence, 215 Ark. 718, 223 S.W.2d 823, 12 A.L.R.2d 748 (1949).

[v] McIntosh v. Maricopa County, 73 Ariz. 366 (Ariz. 1952).

[vi] Id.

[vii] McLeod v. Allstate Ins. Co., 789 So. 2d 806 (Miss. 2001).

[viii] State v. Tustin, 322 S.W.2d 179, 180 (Mo. App. 1959).
Selected response from:

AllegroTrans
United Kingdom
Local time: 17:29
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +5both are used depending entirely on the precise intended meaning
AllegroTrans
5 +1it depends upon the context
Charlesp
4 +1registered address
Helena Chavarria
4 +1domicile
Barbara Cochran, MFA


Discussion entries: 2





  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
domicile


Explanation:
Legalese.

Barbara Cochran, MFA
United States
Local time: 12:29
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: you cannot use "address" in a legal document? since when? // so there is no such thing as "address for service"? or "all documents must be sent to the following address"?
11 mins
  -> I never do, and have never received a single complaint from any of my clients.

neutral  Tony M: 'address' is very often used in legal docs, and sometimes even a distinction has to be made. / As pointed out by Allegro, the situation is not a simple one, and as such no one simplistic answer will be satisfactory.
44 mins
  -> I never do, and have never received a single complaint from any of my clients./All the asker obviously asked for was the most often used, simplistic choice.

neutral  Charlesp: could be
23 hrs

agree  acetran
2 days 18 hrs
  -> Thanks, acetrans.
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7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
registered address


Explanation:
Get information about a company
You can get some details about a company for free, including:

company information, eg registered address and date of incorporation

https://www.gov.uk/get-information-about-a-company


--------------------------------------------------
Note added at 11 mins (2017-07-05 16:17:25 GMT)
--------------------------------------------------

Here they use 'registered office', though I always use 'registered address'.

A registered office is the official address of an incorporated company, association or any other legal entity. Generally it will form part of the public record and is required in most countries where the registered organization or legal entity is incorporated. A registered physical office address is required for incorporated organizations to receive official correspondence and formal notices from government departments, investors, banks, shareholders and the general public.

https://en.wikipedia.org/wiki/Registered_office

A registered office address is the official address of a company (or limited liability partnership) registered with Companies House. By virtue of Section 86 of the Companies Act 2006, every company must always have a registered office in the UK, even if it carries on its business from abroad (or just sells products online rather than from a physical location).

The registered office is the address to which government bodies – primarily Companies House and HMRC, but possibly also other agencies – may address official communications, notices and reminders relating to the company.

http://www.informdirect.co.uk/company-records/registered-off...

I'm afraid I don't like 'domicile'.

Helena Chavarria
Spain
Local time: 18:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: How do you know the text concerns a company?
7 mins
  -> You're right, I don't know. I made the huge mistake of presuming it concerned a company because the term appears in a contract. Thank you for pointing that out, AllegroTrans :-)

agree  acetran
2 days 18 hrs
  -> Thank you, acetran :-)
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
both are used depending entirely on the precise intended meaning


Explanation:

Distinctions Between Domicile and Residence

Domicile is a person’s permanent place of dwelling. It is a legal relationship between a person and a locality. It may or may not be of same meaning as the term ‘residence’.

The concept of domicile has different meanings in different context. For purposes of jurisdiction, “domicile” means a legal residence which is the place where a person has fixed dwelling with an intention of making it his/her permanent home[i].

Domicile is a combination of two factors namely, residence and intent to remain. As the term domicile includes residence, the scope and significance of the term domicile is larger than the term residence. An individual may have several residences whereas; s/he will have only one domicile. Domicile is more used in reference to personal rights, duties and obligations[ii].

Generally residence is referred to a place, where one person lives. It is also a building used as home. Residence is of a more temporary nature compared to domicile. An individual’s present physical location of stay is residence[iii]. It may be one among several places where a person may be present. Residence can also be referred to a person’s fixed place of stay without any intention to move from there.

Domicile involves intent of an individual whereas, residence is something objective. A person may have his/her residence in one place and his/her domicile in another[iv].

Whether the term ‘residence’ used in a statute will be construed as having the meaning of ‘domicile’, or vice versa, depends on the purpose of the statute. Also, the nature of the subject matter as well as the context in which the term is used would be taken into consideration[v].

The terms are given equivalent meaning when used in connection with subjects of domestic policy. These terms are given equal meaning where a statute stipulates residence as a qualification for the enjoyment of a privilege or the right of voting in an election[vi].

Residency is a more flexible concept than domicile, and permanency is not a requirement for residency. Even a temporary and transient place of dwelling can qualify as residence. In addition, a minor is legally unable to establish a residence separate and apart from their parents[vii].

Residence takes meaning from the context in the term is found. A definition which fits one situation will not be apt when used in another context or in a different sense[viii].

[i] Snyder v. McLeod, 971 So. 2d 166 (Fla. Dist. Ct. App. 5th Dist. 2007).

[ii] McIntosh v. Maricopa County, 73 Ariz. 366 (Ariz. 1952).

[iii] George Zulakis, Personal Representative of the Estate of Charles M. Decker v. Auto-owners ins. Co., 2001 Mich. App. LEXIS 1874 (Mich. Ct. App. Nov. 20, 2001).

[iv] Missouri Pacific R. Co. v. Lawrence, 215 Ark. 718, 223 S.W.2d 823, 12 A.L.R.2d 748 (1949).

[v] McIntosh v. Maricopa County, 73 Ariz. 366 (Ariz. 1952).

[vi] Id.

[vii] McLeod v. Allstate Ins. Co., 789 So. 2d 806 (Miss. 2001).

[viii] State v. Tustin, 322 S.W.2d 179, 180 (Mo. App. 1959).


AllegroTrans
United Kingdom
Local time: 17:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  writeaway: yes, they aren't exactly interchangeable and it's not an either/or dilemma
3 mins
  -> yes, and the exact meaning can vary across different jurisdictions to make it even more complex; cf. "domicile for tax purposes" etc. etc. Asker needs to be careful here.

agree  Tony M
31 mins
  -> Thank you TM

disagree  philgoddard: This is not up to your usual standard! You've lifted someone else's text without attributing it. The question is about "address", which is not the same as "residence". And we don't have any context.
35 mins
  -> I gave this to demonstrate the quandry, and anyway it doesn't look like the asker will give us anything else. Clearly, in any event, the 2 terms are not interchangeable as 6 others here agree.

agree  jccantrell: Address could also be a Post Office Box, at least in the USA, but domicile cannot be.
1 hr
  -> Thank you and yes, precisely, same here in UK

agree  Maru Villanueva
2 hrs
  -> Thank you!

agree  Charles Davis
3 hrs
  -> Thanks Charles

agree  Charlesp
23 hrs
  -> Thank you
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23 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
it depends upon the context


Explanation:
legal texts use both, address and domicile.

But they are two different things (sometimes).

Charlesp
Sweden
Local time: 18:29
Specializes in field
Native speaker of: English
PRO pts in category: 11

Peer comments on this answer (and responses from the answerer)
agree  Tony M
44 mins
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