Mexico: Information on the legal definition of domicile
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 June 1994 |
| Citation / Document Symbol | MEX17534.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: Information on the legal definition of domicile, 1 June 1994, MEX17534.E, available at: https://www.refworld.org/docid/3ae6aafa2c.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The legal affairs office at the Embassy of Mexico in Ottawa provided the DIRB with excerpts from the Civil Code of Mexico and an updated transcript of the articles defining domicile (14 June 1994). The office has offered to supply additional information on any particular aspect of this matter, upon further written request by the DIRB. The documents obtained by the DIRB are in Spanish and thus cannot be attached to this Response. However, what follows is an unofficial translation of the five articles of the Civil Code defining domicile (arts. 29, 30, 32, 33 and 34), prepared by the DIRB for your information. Article 31 defines the cases in which a person's legal domicile is reputed.
Art. 29: The domicile of physical persons is the place where they habitually reside and, lacking such a place, the main place where they conduct their affairs; lacking any such place, it will be the place where they are residing or, ultimately, the place where they are found.
A person is considered to habitually reside in a place if he or she remains there for more than six months.
Art. 30: The legal domicile of a physical person is the place that the law designates as their residence for the exercise of their rights and the fulfilling of their duties, even if the person is not actually there.
Art. 32: When a person has two or more domiciles, he or she will be considered domiciled in the place where he or she simply resides or, if the person resides in more than one place, the place where they are found.
Art. 33: Moral persons have their domicile in the place where their administration or management is established. Those that have their administration or management outside the Federal District, but perform juridical activities within its boundaries, will be considered domiciled in it for the purposes of those activities.
Branches that operate in places other than the headquarters or main branch will have their domicile in those places for the fulfilment of the acquired obligations of those branches.
Art. 34: One has the right to designate a conventional domicile for the fulfilment of certain obligations.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
Código Civil. 14 June 1994. "Título Tercero: Del Domicilio." Computer printout provided by the Embassy of Mexico in Ottawa.