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NeCede's

Maxim 5.3.6

It is settled that that place is to be considered the home of each man where he has his habitation and has established his business.

Domus est constitutum habitaculum.

Source: Dig. 50.16.203; Arnold v. United Ins. Co., 1 Johns. Cas. (N.Y.) 363, 366; Weisman, 54b Difficulty 2/5 — Approachable

Explanation

Domicile is fixed by habitation and intent — where a man dwells and keeps his accounts, there the law considers him at home.

Where this applies

  • A zoning board says my home doesn't qualify as a residence because only one person lives there.
  • The government is defining 'household' in a way that excludes my living arrangement.

Legal domains

See also

Cite this maxim

NeCede Max. 5.3.6 — It is settled that that place is to be considered the home of each man where he has his habitation and has established his business. — Dig. 50.16.203; Arnold v. United Ins. Co., 1 Johns. Cas. (N.Y.) 363, 366; Weisman, 54b (Domus est constitutum habitaculum.)

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