TRADUguide - Your Guide to Translators and Translation Agencies

180 months ago

Christine C.   asked this question:

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180 months ago

JIGGSLAW- Coordinator of the Linguist-Lawyers Network   wrote:

habitual residence vs domicile

My comment:

Hi !

Although domicile and residence are frequently used as if they have the same meaning they are not synonymous. A person can have two residences but only one domicile. Residence requires bodily presence although domicile requires bodily presence AND intention to make it one's permanent home.

This is an important distinction when it comes to find where you pay taxes or when you start proceedings. The issue of jurisdiction is governed by a EU regulation, Brussels II.

Note: Domicile is being supplanted by habitual residence in international conventions dealing with Conflict and other private law matters.

My references:

You can find more information on the following link: http://www.justdivorce.co.uk/jurisdiction

Comments by other colleagues on this answer:

180 months ago

JIGGSLAW- Coordinator of the Linguist-Lawyers Network   wrote:

I wanted to say: Habitual residence or domicile vs residence :) !!

180 months ago

Christine C.   wrote:

Thank you, Jiggslaw :-)!

The asker rated this answer best

180 months ago

JIGGSLAW- Coordinator of the Linguist-Lawyers Network   wrote:

ordinary residence

My comment:

you have the two legal concepts of
habitual residence as well as
ordinary residence, the term you are looking for; it does not actually work with "plain" or "simple"

Comments by other colleagues on this answer:

180 months ago

Christine C.   wrote:

Thank you :-)!

180 months ago

Medilingua Hungarica   wrote:

simple stay, simple sojourn

My comment:

e.g. in case of vacation, at least 1 night

My references:

schlichter Aufenthalt (z.B. Urlaubsaufenthalt - mindestens eine Übernachtung)
Internet: "schlichter Aufenthalt"

Comments by other colleagues on this answer:

180 months ago

Christine C.   wrote:

Thank you so much for your suggestion. Simple stay/simple sojourn is a correct translation - however, I was looking for the legal term. This is for a legal document and has to do with international law in a legal separation/alimony case. The client lives and works in two EU countries and it's crucial to determine his "habitual residence" (gewöhnlicher Aufenthalt) and his "schlichter Aufenthalt" which appears to be something of "occasional" nature but at times, can be longer stays. Maybe there is no such a term in English, I don't know. Regardless, thank you so much :-) for your answer. I will leave this open for a few more days to see if anyone else can come up with something.