Physical Persons | GOALGOOLE | Because you need Information for your goals !
7023 Bole Kifle Ketema, Addis Ababa, Ethiopia
0116616179/85 mcc@ethionet.et

Physical Persons

BOOK I. PERSONS
TITILE I. PHYSICAL PERSONS
Chapter 1. Personality and the Rights inherent to personality
Section 1. Attribution of Personality

Art. 1.- Principle.

The human person is the subject of rights from its birth to its death.

Art.2.- Child merely conceived.

A child merely conceived shall be considered born whenever his interest so
demands, provided he is born alive and viable.

Art.3.- Date of conception.

(1)    A child shall be deemed to have been conceived on the three hundredth day which precedes his birth.
(2)    No proof shall be admitted against this presumption.
(3)    Nothing in this Article shall affect the provisions of this Code relating to the date of conception where it need be established who is  the father of the child.

Art 4.- Viable or not viable child.

(1)    A child shall be deemed to be viable where he lives for forty-eight hours after his birth, notwithstanding any proof to the contrary.
(2)    A child  shall be deemed to be not viable where he dies less than forty-eight hours after his birth.
(3)    The presumption laid down in sub-art. (2) may be rebutted by proving that the death of the child is due a cause other than a deficiency in his constitution.

Art.5- Proof of life or death of person. 1. Burden of proof.

(1)    Whosoever, for the purpose of exercising a right, alleges that a particular person is or was alive on a certain day, or is dead, shall prove the allegation.
(2)    The proof that a person is or was alive shall be made by producing the person himself or by the evidence of three witnesses or any other reliable evidence.
(3)    The proof of death shall be made in accordance with the provisions of Chapter 3 of this Title (art. 47).

Art. 6- 2. Persons dead simultaneously.

Where several persons are dead, and it is not possible to prove that one of such persons survived another, all these persons shall be deemed to have died at the same time.

Art.7- Proof of identity.

(1)    The identity of a person shall be proved by the documents issued to such person by the administrative authorities.
(2)    Failing such documents, it shall be proved by the production of two witnesses.
(3)    The witness shall be liable to third parties for the damage which may be caused through the inaccuracy of their declarations or evidence.

Section 2. Rights of Personality

Art. 8- Effect of personality.

(1)    Every physical person shall enjoy the rights of personality and the liberties guaranteed by the Ethiopian Constitution.
(2)    In this respect, no regard shall be had to the race, color, religion or sex of persons.

Art.9- Limitations to these effects.

(1)    The rights of personality and the liberties guaranteed by the Constitution are extra commercium.
(2)    Any voluntary limitation imposed on the exercise of such rights and liberties shall be of no effect unless it is justified by a legitimate interest.

Art. 10.- Cessation of unlawful molestations.

Any unlawful molestation to the personality shall give to the person who suffers it the right to demand that it be stopped, without prejudice to the liability of the author of such molestation.

Art.11.- Restriction on freedom and searches.

No person may have his freedom restricted, or be subjected to a search, except in the causes provided by law.

Art. 12.- Freedom of residence.

(1)    Every person is free to establish his residence wherever it is suitable for him and to  change the place of such residence.
(2)    The undertaking of a person to reside in a particular place shall be of no effect under civil law.
(3)    The undertaking of a person not to reside in or not to got to a particular place shall be of no effect unless it is justified by a legitimate interest.

Art.13- Inviolability of domicile.

(1)    The domicile of a physical person is inviolable
(2)    No one may enter the domicile of another against the will of such person, neither may a search be effected therein, except in the cases provided by law.

Art. 14.- Freedom of thought.

(1)    Every person is free to think and to express his ideas.
(2)    The only restrictions which this liberty admits of are those which are imposed by the respect for the rights of others, morality and the law.

Art. 15- Religion.

There shall be no interference with the exercise, in accordance with the law, of the rites of any religion or creed by residents of the Empire, provided that such rites be not utilized for political purposes or be not prejudicial to public order or morality.

Art.16.- Freedom of action.

(1)    Every  person is free to exercise any activity which he deems proper in that which concerns his calling and his leisure.
(2)    The only restrictions which such freedom admits of are those which are imposed by the respect for the rights of others, morality and the law.
(3)    The act by which a person binds himself to exercise a given activity or binds himself not exercise such activity shall be of no effect unless it is justified by a legitimate interest.

Art. 17.-  Marriage and divorce.

(1)    The undertaking of a person not to marry or not to remarry shall be of no effect under civil law.
(2)    This shall apply to the undertaking of a person to divorce or not to divorce.

Art. 18. Integrity of human body.

(1)    The act by which a person disposes of the whole or of a part of his body shall be of no effect under civil law where such act is to be carried out before the death of the person thus disposing, if such act has the effect of causing a serious injury to the integrity of the human body.
(2)    The provisions of sub-art. (1) shall not apply where the act is justified by the rules of medical practice.

Art. 19.- Revocability of acts relative thereto.

(1)    A person may at any time revoke the act by which he has disposed of the whole or a part of his body whether such act is to be carried out during the lifetime of the person by whom it was performed or after his death.
(2)    The person to whose advantage such act has been made has  the right to be indemnified for the expenses which he has incurred on the fait of such promise.

Art. 20- Medical examinations and treatment. -1. Principle.

(1)    A person may at any time refuse to submit himself to a medical or surgical examination or treatment.
(2)    Nothing in this Article shall  affect the provisions of laws or regulations providing for a physical examination of persons or their compulsory vaccination or other similar measures in the public interest,
(3)    Nothing in this Article shall affect the power of a guardian of a minor or interdicted person to submit the incapacitated person of whom he is in charge to an examination or treatment beneficial to that persons health.

Art.21.- 2. Restriction.

Where the examination or treatment to which a person is required to submit himself does not involve any abnormal risk, such person, in case of refusal, forfeits the rights to avail himself of the illness or infirmity which the treatment could have prevented, eliminated or lessened.

Art. 22. Medical examination

Where a person refuses to submit himself to a medical examination not involving any serious danger for the human body, the court may considers as established the facts which the examination had the object of ascertaining.

Art. 23.- Right to keep silent

Any  admission or manifestation of the will obtained by methods causing molestation to the personality shall be of no effect.

Art 24.- Professional secrecy:

(1)    A person may not be compelled to reveal facts which have come to his knowledge by reason of his profession, if by revealing such facts he will betray or risk to betraying the confidence which  a third person has placed in him for the very reason of his profession.
(2)    The person who has confided or disclosed such facts may ensure that they be not revealed by him in whom he has placed his confidence.
(3)    Nothing in this Article shall affect the provisions of Arts. 267 and 344 of the penal Code.

Art.25.- Funeral- 1. Will of deceased.

(1)    Every person having the capacity to make a will may prescribed the conditions of his funeral.
(2)    He may appoint one or more persons to ensure that such provisions are carried out.
(3)    The persons so appointed and, failing such, any other person who shows that he has a material or moral interest may apply to the court of the place of the death to enforce those provisions.

Art. 26.-2 Will not expressed.

(1)    Where the deceased has not expressed his will in the form mentioned in Art, 25, the conditions of his funeral shall be fixed by his surviving spouse or by his nearest relatives.
(2)    In default of the spouse and of relatives present or known at the time of the death, such conditions shall be fixed by the person who take the initiative thereof.
(3)    In case of contestation, the matter may be laid before the court of the place of death by the most diligent party.

Art.27- Image of the person,-1. Principle.

The photograph or the image of a person may not be exhibited in a public place of death by the most diligent party.

Art.28- 2. Exception.

The consent of the person concerned shall not be required where the reproduction of his image is justified by the notoriety of such person or by the public office which he occupied or by the requirements of justice or of the police or by a scientific, cultural or didactic interest, or where the reproduction of the image is made in connection with facts, events or ceremonies of public interest or which have taken place in public.

Art.29.-3. Sanction.

(1)    Where the image of a person is exhibited or offered for sale without the consent of such person, except in the cases referred to in Art. 28, such person may demand that the exhibition or offer for sale of his image be stopped.
(2)    The court may, if equity so demands, also award damages to such person with the limits of the enrichment derived by the person who made use of the image from its exhibition or offer for sale.
(3)    Damages for moral prejudice may be awarded if the exhibition or offer for sale does not cease immediately, when the cessation thereof is demanded.

Art.30.-4. Rights of the family.

(1)    Where the person whose image is exhibited or offered for sale is dead or not in a position to manifest his will, the right referred to in Art 29 shall vest in his relatives if the exhibition or offer for sale is of such a nature as to be prejudicial to the honor or reputation of the deceased person.
(2)    The only persons competent to represent the family for the application of the Article are the spouse, or, in his default, the nearest descendant or, in default of a descendant, the nearest ascendant of the person concerned.
(3)    In case of equal degrees, the eldest descendant or the oldest ascendant is the only person competent to represent the family.

Art. 31. – Inviolability of correspondence.

(1)    The addressee of a confidential letter may not divulge its contents without the consent of its author.
(2)    He may, however, produce it in judicial proceedings if he shows that he has a legitimate interest.

                Chapter 2. Names

Art. 32.- Principle.

(1)    Every individual has a family name, one or more first names and a patronymic.
(2)    He shall be designated in administrative documents by his family name followed by his first names and by his patronymic.

Art.33.- Assumption of names.

(1)    A child shall have the name of his father.
(2)    Where the father of the child is not known, or the child has been disowned, the child shall have the family name of his mother.
(3)    The provisions of sub-art. (2) shall apply where the paternity of the child has been judicially declared.

Art.34.- Choice of first names-1 Principle.

(1)    The first name of the child shall be chosen by his father, or, in his default, by the family of his father.
(2)    An additional first name may be chosen for the child by his mother, or, in her default, by the family of his mother.
(3)    The mother, or, in her default, the family of the mother, may give two firs names to the child where his father is unknown or the child has no family on the paternal side.

Art.35.-2. Representative of the family.

(1)    The nearest ascendant and, in his default, the nearest relative in the collateral line is competent to represent the family for the purpose of Art.34.
(2)    In the case of equal degrees, the eldest ascendant or relative in the collateral line shall choose the name of the child.

Art.36.- Patronymic.

(1)    The child shall have the usual first name of his father as his patronymic.
(2)    A person shall have no patronymic where his father is unknown.
(3)    The patronymic shall be omitted in official acts if it is confused with the name.

Art.37- Declaration to the civil status.

The officer of civil status of the commune where the child is born shall be informed of the first names of the child and of his patronymic within ninety days following his birth, by the person who is bound to declare the birth of the child.

Art. 38- Forbidden first names.

(1)    A child may not receive purely and simply the first name of his father or of his mother or that of one his brothers or sisters who are alive.
(2)    He shall, in such case, have another first name which distinguishes him from them.

Art.39.- Unknown filiation.

(1)    A child whose father and mother are not known shall have the name and two first names which are given to him by the officer of civil status in his record of birth.
(2)    The name and first names shall be chosen from among names and first names common in the region.
(3)    Any person who shows that he has a material or moral interest may apply to the court, before the child has reached the age of five years to modify such name and first names.

Art. 40.- Name of married woman.

(1)    A married woman shall retain her personal family names.
(2)    She may, while her marriage lasts, be designated or designates herself by the name of her husband.
(3)    Such faculty shall continue, in her favour as well as to her prejudice, after the marriage, unless this has been dissolved by divorce  or the woman ha remarried.

Art. 41.- Name and first names of adopted child.

(1)    The adopted child shall take the name of the adopter.
(2)    He may, by virtue of the contract of adoption, receive a new first name and receive as patronymic the usual first name of the adopter.

Art. 42.- Change of family name.

(1)    The change of the family name of a person may be authorized, for good cause, by the court on the application of such person.
(2)    In deciding on the application, the court shall ensure that the interest of third persons is not prejudiced by the change of name.

Art. 43.- Change of family names.

The cancellation of one or more first names or the addition of a first name for a person may be authorized by the court on the application of such person.

Art. 44.- Agreements relating to name.

(1)    Any agreement relating to the name shall be of no effect under civil law.
(2)    Nothing in this Article shall affect the rules relating to trade names.

Art. 45.- Abuse of name.

(1)    The use of his own name by a person in the exercise of an activity connected with his calling may not have the object or the effect of causing prejudice, by means of a harmful  confusion, to the credit or to the reputation of a third person.
(2)    The provisions relating to unfair competition and to defamation shall apply in appropriate cases.

Art. 46.- Usurpation of name.

(1)    Whosoever bears a name may resist the usurpation of such name by a third person whenever such usurpation causes or is likely to cause a material or moral damage.
(2)    After the death of a person or if a person is not in a position to manifest his will, the same right appertains to each of his descendants and to his spouse, even where they themselves do not bear such name.
(3)    Damages for moral prejudice may awarded to the person demanding them if the usurpation of the name does not cease immediately, when such cessation has been demanded.

Chapter 3. Proof  of Civil Status

Art. 47.- Model of proof.

(1)    Births, death and marriages shall be proved, in case of doubt or of contention, by means of the records of civil status.
(2)    They may also be proved, in the causes provided by law, by means of acts of notoriety of possession of status.

Section 1. Officers of Civil Status

                  Paragraph 1.- Appointment of officers of civil status

Art. 48.- Appointment by governor.

(1)    The governor of the province shall appoint, in each urban or rural commune of his province, a person who shall carry out the duties of officer of civil status.
(2)    He shall also appoint, in each commune, one or more assistants to such person.

Art.49.-  Quarters or sections of communes.

(1)    Where an urban commune is divided into several quarters, a different officer of civil status may be appointed for each quarter by the governor.
(2)    Where a section of a rural commune is isolated or is far from the center of the commune, a different officer of civil status may be appointed for such section of a commune by the governor.
(3)    In such cases one or more assistants to each officer of civil status shall be appointed.

Art. 50.- Assistants to officer of civil status.

(1)    The assistant to the officer of civil status shall replace him in case of any impediment on his part.
(2)    If the order in which the assistants are called upon to carry out their duties has not been fixed by the governor of the province or by the officer of civil status, it shall be fixed having regard to their age, the 2 eldest being called in the first place.
(3)    The records drawn up by any one of the assistants shall have the same effect as if they had been drawn up by the officer of civil status himself.

Art.51. Commencement of duties.

(1)    The duties of officer of civil status shall start when he has accepted such duties and when his signature has been registered in the departmental office or in the registers of civil status.
(2)    The duties of officer of civil status shall also start when the person appointed by the governor has in fact carried out such duties by drawing up a record or by taking part, in the capacity of officer of civil status, in the drawing up of such record.
(3)    The provisions of the Article shall also apply to the duties of assistants.

Art.52. Termination of duties

(1)    The duties of an officer of civil status shall terminate on his death or when he is relieved of his duties or dismissed or when his resignation has been accepted by the governor.
(2)    The dame shall apply to the duties of the assistants.

Art. 53.- Death or lasting impediment.

(1)    The officer of civil status shall without delay inform the governor of the province of the death of his assistants, or of any circumstance which prevents in a lasting manner any one of them from carrying out his duties.
(2)    The assistants of the officer of civil status shall without delay inform the governor of the province of the death of the officer of civil, status or of any circumstance which prevents him in a lasting manner from carrying out his duties.

Art. 54.- Head of commune.

(1)    The head of the commune shall be officer of civil status in the territory of his commune, where the person appointed by the governor and his assistants are not in a position to carry out their duties.
(2)    He may, in such cause, require to be helped or substituted in his duties of officer of civil status, under his own responsibility, by one or more helpers.
(3)    He shall without  delay inform the governor of the situation.

Art. 55.- Departmental office.

(1)    The governor of the province shall appoint in each chief town of the departments of his province the personnel of the departmental office of civil status.
(2)    Such personnel shall include, besides a director responsible for the organization and supervision, officials in sufficient number to ensure the performance of the work incumbent on the office.

Art. 56.- Records relation to the Imperial Family.

(1)    The Minister of the Pen shall carry out the duties of officer of civil status as regards the records, relating to His Majesty the Emperor of Ethiopia and the members of the Imperial Family.
(2)    For the purpose of this Article, the persons mentioned in Art. 16 of the Constitution shall be deemed to be members of the Imperial Family.

Art.57.- Consuls of Ethiopia.

The consuls of Ethiopia shall, within their territorial limits and as regards Ethiopian subjects, carry out the duties of officers of civil status.

Art. 58.- Commanding officers of ships.

The commanding officers of ships flying the Ethiopian flag shall carry out the duties of officers of civil status as regards the birth, deaths and marriages which take place on board their ship.

Paragraph 2.- Duties of officers of civil status

Art . 59.-  Principle.

The officer of civil status shall ensure that the births, deaths and marriages, taking place within his jurisdiction, be entered in the register of civil status.

A. Urban communes

Art. 60.  Keeping and conservation of registers.

(1)    The officer of civil status shall himself keep the registers of civil status in those communes where such duty has been expressly imposed on him by the governor.
(2)    He shall ensure their custody and conservation and deliver to interested persons extracts from or copies of the records of such registers.

Art. 61- Drawing up of records.

(1)    The records of civil status be drawn up by the officer of civil status on his own initiative whenever he has the particulars required for drawing up such records.
(2)    The officer of civil status may, where he thinks fit, summon any interested party, with the object of completing the information which he requires.

Art. 62.- Periods.

Records of civil status shall be drawn up within the following periods
(a)    three months for records of death;
(b)    one month for records of death;
(c)    one month for records of marriage.

Art. 63.- Sanctions of prescribed periods.

(1)    The records of civil status drawn up after the periods laid down in Art. 62 have expired shall only have the probatory value of simple information.
(2)    The provisions of sub-art. (1) shall not apply where such records are entered in the registers by virtue of a judgment.
(3)    In this case, the record shall bear on its back a reference to such judgment.

B. Rural communes

Art. 64.- Declaration.

(1)    In those communes in which such duty has not been expressly imposed on him by the governor, the officer of civil status shall not be bound to keep the registers himself.
(2)    He shall communicate to the departmental office of civil status such in formations as are required for drawing up the records of civil status relating to births, deaths and marriages which have taken place in the commune.
(3)    The records of civil status shall be drawn up immediately, on the basis of such information’s, by the officials of the departmental office of civil status.

Art. 65.- Regulations of application.

(1)    Regulations made by the governor shall prescribe in regard to each commune, under what conditions such information’s shall be gathered.
(2)    They shall prescribe in particular in which place and at what time such information’s are to be furnished.

Art.66.- Place where information’s are to be furnished.

(1)    Regulations may impose on the officer of civil status the duty go to the chief town of the department or to another center less distant from the commune in order to furnish there the information’s relating to civil status.
(2)    They may on the other hand provide that such information’s shall be gathered by the officials of the departmental office of civil status in the same commune for which the registers are to be drawn up.
(3)    In the case mentioned in sub-art, (2), regulations shall prescribe whether the registers are to be kept in the commune or in the departmental office of civil status.

Art. 67.- Time within which information’s are to be furnished.

(1)    The informations concerning civil status shall be gathered at least once a year in each commune.
(2)    In the case provided for in sub-art. (1) of Art. 66, the duty to go to the chief town of the department or to another center may not be imposed on the officer of civil status at intervals of less than three months.

Art. 68.- Possibility of declarations at intervening times.

(1)    The officer of civil status may, at any time, even on dates other than those prescribed by the governor, communicate to the departmental office of civil status informations concerning the civil status of persons in his commune.
(2)    Such informations shall be immediately recorded in the registers by the departmental office of civil status when the registers relating to the commune are kept in such office.

Art. 69.- Drawing up of records by officer of civil status.

(1)    The instructions may authorize the officer of civil status to draw up the records of civil status himself.
(2)    Each  record thus drawn up shall, in such case, be approved by the departmental office of civil status.
(3)    Mention of such approval shall be made on the back of the record.

Art. 70.- Late declarations.

(1)    The records drawn up or approved more than two years after the event which has given occasion for them shall only have the probatory value of more information.
(2)    The provisions of sub-art. (1) shall not apply where the record has been entered in the registers by virtue of a judgment.
(3)    In such case the record shall bear on its back a reference to such judgment.

C. Special Cases

Art. 71.- Minister of the Pen.

(1)    The Minister of the Pen shall himself keep the registers of civil status relating to His Majesty the Emperor and to the Imperial Family.
(2)    He shall ensure their custody and conservation and deliver  copies of the records in such registers.

Art. 72.- Consuls

(1)    Consuls of Ethiopia in foreign countries shall draw up records only at the request of interested persons.
(2)    They shall themselves keep the registers of civil status.
(3)    They shall ensure their custody and conservation and deliver to interested persons extracts from, or copies of, the records in such registers.

Art. 73.- Commanding officers of ships.

The commanding officers of Ethiopian ships shall immediately declare, at the first Ethiopian port, or at the first port in which a Consul of Ethiopia resides, the events which give occasion to the drawing up of a record of civil status and which take place on board their ship.

Section 2. Registers of civil status

Art. 74. Enumeration of registers.

A register of births, a register of deaths and a register of marriages shall be kept for each commune and in each consulate.

Art. 75.- Supply of registers.

(1)    The registers shall be supplied free of charge to the offices of  civil status by the governor of the province who receives them from the Ministry of Interior.
(2)    They shall be supplied free of charge to the consulates by the Ministry of Foreign Affairs.
(3)    Te persons having the duty to keep the registers shall, six months before the probable date on which a register will be terminated, apply for a new register to be supplied to them.

Art. 76. Prohibition to remove registers.

The registers may not be removed from the place where they are kept, except in the cases where the law provides for or authorizes such removal.

Art. 77.- Compulsory indications.- 1. Registers of communes.

(1)    Each register shall indicate the commune and where appropriate the quarter or section of the commune to which it refers, as well the province in which such commune is situated.
(2)    It shall bear a reference number.
(3)    Such indications shall appear on the cover and on the edge of the register and be reproduced on each leaf of the register.

Art. 78.- 2. Other registers.

(1)    the registers of the Imperial Family shall bear, instead of the indications mentioned in sub-art. (1) or Art. 77, the indication: Registers of the Imperial Family.
(2)    The registers kept in the consulates shall bear the indication of the consulate in which they are draw up.

Art. 79.- Form of registers.

(1)    The registers shall commence with several pages on which shall be mentioned the persons authorized to keep the registers with the signature of such persons against such mention.
(2)    The registers shall contain next a series of numbered leaves each one of which shall serve for drawing up a record of civil status.
(3)    They shall end with several pages intended to contain the alphabetical index of the persons to whom the records of the registers refers.

Art. 80.- Leaves of registers.

(1)    The leaves of the register of civil status shall be made up of detach able slips, bearing identical particulars attached to a counterfoil.
(2)    The registers of birth and of marriage shall comprise three detachable slips and the registers of death only two detachable slips.
(3)    The back of the leaves shall be reserved for writing thereon the hand written particulars prescribed by the law.

Art. 81.- Detachable slip lNo.3.

(1)    The detachable slip farthest from the counterfoil, called detachable slip No.3, shall be detached from the counterfoil as soon as the record is drawn up.
(2)    It shall be sent by the officer of civil status to the guardian of the child in the case of a record of birth and to the husband in the case of a record of marriage.
(3)    The slip No. 3 shall be kept by the interested party.

Art. 82.- Detachable slip No.2.

(1)    When the register finishes, the detachable slips No.2 shall be detached from the counterfoil and put together in a file which shall be deposited in the registry of the court of the chief town of the province or in such other place as may be prescribed, distinct from that where the detachable slips No. 1 are conserved.
(2)    The detachable slips No. 2 of the register kept by the Minister of the Pen and by the consuls shall be sent to the Ministry of Foreign Affairs of the Empire of Ethiopia to be conserved therein.
(3)    Upon receiving the detachable slips No. 2 the person who is constituted depositary thereof shall bind them.

Art 83.- Detachable slip No.1.

The detachable slips attached to the counterfoil (slips No.1) shall be conserved attached to the counterfoil of the register, in the place where the registers have been kept or in another place fixed by regulations.

Art.  84.- No unutilized leaves.

(1)    The office of civil status before drawing up  a record shall verify the number of the leaf on which the last record  appearing in the register has been entered.
(2)    He shall draw up the record on the leaf whose number immediately follows that of such last record.
(3)    He may in no case leave an unutilized leaf in the register.

Art. 85.- Leaf unutilized by mistake.

(1)    If, as a result of a mistake, a leaf has been left unutilized, the officer of civil status, as soon as he notices such mistake, shall annual the leaf in question.
(2)    He shall draw across each detachable slip of the record two diagonal lines forming a cross and write on the back of each such slip of the  record the indication “Leaf unutilized by  mistake”
(3)    The unutilized leaf may in no case serve for writing thereon a record of civil status.

Art. 86.- index

(1)    when a register finishes, the officer of civil status shall draw up, in the pages which are at the end of the register, the alphabetical list, according to their family names, of all the persons to whom the records in the register refer.
(2)    He shall form a file of the detachable slips No. 2, and send such file, together with a copy of the index drawn up by him, to the place prescribed by regulations.

Art. 87.- Destruction of registers.

(1)    If a register kept in a commune is lost or destroyed it shall immediately be recompiled with the help of the detachable slips No. 2 of such register, on the initiative of the officer of civil status of the commune.
(2)    If the detachable slips No. 2 of a register are lost or destroyed, they shall immediately be reconstituted, with the help of the detachable slips kept in the commune, on the initiative of the depositary of the detachable slips lost or destroyed.
(3)    The provisions  of this Article shall apply mutatis mutandis in the case of registers kept in a place other than a commune.

Art.88.- Destitution of registers still in use.

(1)    If a register still being used is lost or destroyed before the detachable slips No. 2 have been detached, the officer of civil status shall immediately give notice of such fact to the departmental office of civil status.
(2)    This office shall take the necessary measures for the recompilation of the register.
(3)    The same shall apply where the detachable slips Nos,1 and 2 of a register are both destroyed or lost for any reason whatsoever.

Art.89.- Control of the keeping of registers.

(1)    The departmental office of civil status shall supervise civil status officers and control the proper keeping of registers of civil status in the commune.
(2)    It shall organize their inspection and take action for the repression of the criminal infringements which it ascertains.
(3)    The Ministry of Foreign Affairs shall carry out the same duties as regards registers kept in consulates.

Section 3. Records of Civil Status
Paragraph1. General Provisions

Art.90..- Particulars to be mentioned.

(1)    The  records of civil status shall be drawn up by filing in the bank spaces in the registers.
(2)    The records shall mention in all cases, the day, the month and the year when they are received and bear the signature of the officer of civil status who receives them.

Art.91.- Particulars which may not be mentioned.

No mention of particulars other than those required by the law maybe made in the registers.

Art. 92.- Unknown or uncertain information.

(1)    If one of the blank spaces left in a record of civil status can not be filled in on account of lack of sufficiently accurate information given to the person who keeps the registers, such per on shall fill in the blank space by inserting the work “unknown”.
(2)    If the officer of civil status knows approximately the particular to be entered, he shall enter such particular in the appropriate place adding he word “probably”.

Art. 93.- No abbreviations.

The particulars required in the record shall be written clearly and with out any abbreviation.

Art.94.- No erasures or words written over others.

The records shall contain no erasure or word written over another or addition.

Art. 95.- Signature.

If any of the person whose signature is required on a record cannot or does not know how to sign, such person shall affix on the record his thumb mark instead of his signature.

Art. 96.- Leaves not utilized

(1)    When, on account  off erasures, or for any other cause, a record has to be redone, the officer of civil status shall draw across each detachable slip of the record two diagonal lines forming a cross.
(2)    On the back of each detachable slip of the record he shall write the indication “Leaf not utilized”.
(3)    The detachable slip number 3 of the leaf shall be destroyed immediately.

Art. 97.- Probatory force of records.

(1)    The records of civil status regularly entered in the registers, shall, saving evidence to the country, be proof of the statements which they contain.
(2)    Evidence to the contrary may be adduced except where it is authorized by the court.
(3)    It may, in such case, be adduced in any manner.

Art. 98.- Records not entered in registers.

(1)    Records which are not entered in the registers shall not have the probatory value inherent to records which are registered.
(2)    They have only the value of mere information.

          Paragraph 2. Records of birth

Art. 99.- Particulars of record.

The record of birth shall show:
(a)    the day, month and year of the birth;
(b)    the sex of the child;
(c)    the first names which are given to him;
(d)    the names, first names, dates and places of birth of is father and mother;
(e)    where appropriate, the names, first names, date and place of birth of the person making the declaration.

Art. 100.- When record required.

A declaration of birth and the drawing up of a record of birth are required when the child has lived for forty-eight hours, notwithstanding that the dies before the expiration of the time fixed for drawing up the record of birth.

Art.  101.- Declaration of birth.

(1)    The birth of a child may be declared to the officer of civil status by any person.
(2)    Such birth shall be declared by the father of the child, or, in his default, by the mother or by  the guardian of the child, or, in default, by the person who has taken care of the child.
(3)    The officer of civil status shall draw up the record of his own motion if he is aware of the birth.

Art. 102.-First names of child.

(1)    Before drawing up the record of birth the officer of civil  status shall require the parents or, in their absence, the guardian of the child, to stats the first name or names which the child is to be given.
(2)    If  he does not receive   any reply or if the first names proposed are not acceptable in terms of the law, the officer of civil status shall him self choose the first name or names of the child.

Art.103.- Foundlings.

(1)    A record of birth shall be drawn up for every new-born child, found in the locality, whose identity  is unknown.
(2)    A detailed process-verbal shall be drawn up stating the day and the place where the child has been found, the apparent age of the child, his sex, the names and the first names which are given to him.
(3)    The record of birth, drawn up for the child, shall contain on its back a references to such process-verbal.

Paragraph 3. Records of death

Art. 104.- Particulars of records of death.

The record of death shall show:
(a)    the day, month and year of the death;
(b)    the name, first names, date and place of birth of the deceased;
(c)    the names, first names, dates and places of birth of the father and mother of the deceased;
(d)    the name, first names, date and place of birth of the spouse of the deceased if such spouse is still alive, and the date of the marriage;
(e)    where appropriates, the name, first names, date and place of birth of the person who makes the declaration of the death.

Art. 105.- When record required.

A declaration of death and the drawing up of a record of death are required whenever the deceased is a person in respect of whom a record of birth should have been drawn up.

Art. 106.- Persons bound to declare death.

(1)    Where a person dies, the persons who live with him shall be bound to declare his death.
(2)    In default of such persons, such obligation shall devolve on his relatives by consanguinity or affinity, if they live in the same commune, and, in their default, on his nearest neighbors.

Art. 107.- Death in another person’s house.

If the deceased dies outside his home, the person in whose house the death has occurred shall be bound to declare the death.

Art. 108.- Hospitals, schools, hotels and prisons.

(1)    If a death occurs in a hospital, a school, a hotel or a prison, the death shall be declared by the person who is in charge of the establishment in question.
(2)    The death of person executed by virtue of a criminal sentence passed on them shall be declared by the director of the prison where, at the time of his execution, the condemned person was in custody.

Art. 109.- Soldiers on active service.

Deaths of soldiers on actives shall be declared by the commanding officer of the unit to which they belong, unless the solider is living with his family or his death occurs during a period of leave granted to him or in a place where his unit is not stationed.

Art. 110.- Finding of corpse.

(1)    If the corpse of a person is found outside a dwelling place, the person who found the corpse the shall be bound to declare the death.
(2)    If the identity of the deceased person is unknown, a detailed process verbal shall be drawn up indicating the day on which and the place where the corpse has been found, the apparent age and the sex of the dead person, and the probable date of the death.
(3)    The record of death shall contain on its back a reference to such process verbal.

Art. 111.-Corpse not found. 1. Judgment declaring death.

(1)    Where a person has disappeared in such circumstances that his death is certain, although his corpse had not been found, any interested person may apply to the court to give a judgment declaring the death of such person.
(2)    The judgment declaring the death shall take the place of a record of death.

Art. 112.- 2. Court having jurisdiction.

(1)    The court having jurisdiction shall be that of the place where the person whose death the person making the application wants to establish had his principal residence at the time of his death.
(2)    The court may waive its jurisdiction in favor of the  court of the place where the event which brought about the death has occurred or in favor of the court of another place.
(3)    The delegation of jurisdiction thus made is binding on the court in whose favor it is made.

Art. 113.- Diasters.-1 Collective judgment.

(1)    If death is due to an event, such as a ship wreck, an air disaster, an earthquake, a land-slide, as a consequence of which there is reason to believe that several persons have perished, the death of such persons may be declared by a collective judgment.
(2)    The court having jurisdiction in such case shall be that of the place where the event occurred.
(3)    However in the case of disappearance of a ship or of an aircraft the court having jurisdiction shall be that of the home port of the ship or aircraft.

Art. 114.- 2. Individual extracts.

(1)    Individual extracts from a collective judgment may be obtained by interested person.
(2)    They shall take the place of a record of death.

Art. 115.- Date of death.

(1)    When the court delivers a judgment declaring death, it shall fix in the judgment the presume date of the death or deaths having regard to the presumptions drawn form the circumstances of the case.
(2)    The date thus fixed may not be rectified except in the case where it is proved that is has been fixed as a result of fraud.
(3)    Any application having as its object the rectification of the date shall be dismissed when three years have elapsed from the date of the judgment.

Art. 116.- Annulment of judgment declaring death.

If the person whose death has been judicially declared reappears after the judgment declaring death, the judgment shall be annulled, at his request or at the request of the public prosecutor, by the court which gave it.

Paragraph 4.- Records of marriage

Art. 117.- Particulars of records of marriage.

The record of marriage shall show:
(a)    the names, first names, dates and places of birth of the husband and of the wife;
(b)    the names, first names, dates and places of birth of the witnesses of the husband and of the wife;
(c)    the date on which the marriage has been celebrated.

Art. 118.- When record required.

A declaration of marriage and the drawing up of the record of marriage shall be required in all cases, irrespective of the form according to which the marriage is celebrated

Art. 119.- Duty to declare marriage.

(1)    The obligation to declare the marriage shall lie with the authority who has celebrated the marriage.
(2)    It shall also lie with the spouses and with their witnesses.

Art. 120.-Drawing up “ex officio” of record

(1)    The officer of civil status shall draw up the act of marriage of his own motion when ever he is aware of the marriage.
(2)    In such case, he shall summon the interested persons to make them sign the record of marriage.

Section 4. Correction of the records
of civil status
 

Art. 121.- Principle.

The records of civil status may not be corrected except by virtue of an order or judgment given by the court .

Art.122.- Application for correction.

An application for the correction of a record of civil status may be made to the court by the public prosecutor or by the departmental office or any interested person.

Art. 123.- Adding first name

Where the application has as its object the addition of a first name to a person, at the time when such person contracts marriage or during the six months which follow such marriage, the president of the court shall decide on the application by order.

Art. 124.- Clerical mistakes.

Where the applications has as its object the correction of a clerical mistake committed in the drawing up of a record of civil status, the president of the court shall decide on the application by order.

Art. 125.- Other cases.

(1)    In all other cases decision on the application shall be given by a judgment delivered by the court.
(2)    The court, before deciding, shall give the person or persons to whom the record refers and all interested persons the opportunity of making their submissions.

Art. 126.- Manner in which the record is corrected.

(1)    The particulars the correction of which is ordered shall be cancelled in the record, provided that they shall remain legible.
(2) The particulars which replace them or which are added in the record shall be entered on the back  of the record, with a reference to the order or judgment which has ordered the correction of the record.
(3) Such alterations shall, as far as it is possible, be made on all the detachable slips of the record which is corrected.

Art. 127.- Drawing up of new record.

(1)    The court may, where it thinks fit, order the annulment of the record which is to be corrected and the drawing up of a new record in its places.
(2)    Every detachable slip of the old record shall in this case be crossed out across the registers by two diagonal lines forming a cross, and references shall be made, on the back of each detachable slip, to the new record which replace it.
(3)    On the back of the new record reference shall be made to the judgment which has ordered its drawing up.

Art.128.-  Authority of judicial decision.

The judicial decision which orders the correction of a record of civil status may be set up against everybody, in the same conditions as the record corrected by it.

Section 5. Copies and extracts of
Records of civil status

Art. 129.- Record of birth.

(1)    The depositaries of the registers in the communes or consulates shall issue to any person making an application to this effect copies or extracts from the record of birth showing, without any other particulars, the date when the record had been drawn up, the date and the place of birth, the sex, the first names and the name of the child as they appear from the particulars of the record  of birth.
(2)    Copies of the record of birth may only be issued to the heirs of the child or to public administrative bodies or with the authorization of the court.

Art. 130.- Record of death.

The depositaries of the registers in the communes or consulates shall issue a copy of the record of death to any person making an application to this effect,.

Art. 131.- Record of marriage.

They shall issue a copy of the record of marriage to any person making an application to this effect.

Art. 132.- Records relating to the Imperial Family.

The Minister of the Pen shall not issue copies of the records contained in the registers relating to the Imperial Family unless an application to this effect is made to him by the court.

Art. 133.- Depositaries of detachable slips No.2.

The depositaries of detachable slips No. 2of the registers shall have the same obligations where:
(a)    the corresponding register of the commune has been destroyed or lost;
(b)    in such register, kept in the commune, a record is missing which is recorded in the file the detachable slips No, 2;
(c)    the record entered in the register kept in the commune does not correspond with that recorded in the file of detachable slips No. 2;
(d)    it is a case of records drawn up by a consulate of Ethiopia in a foreign country;
(e)    Such obligation is, in a particular case, imposed on them by the court.

Art. 134.- Corrected records.

(1)    Where a record has been corrected in accordance with the law, the extract or copy of the record, issued to the interested persons, shall take such correction into account.
(2)    It shall not show that the purport of the extract or of the copy is due to a correction of the record.
(3)    Corresponding copies, reproducing the record as it is, and showing the corrections which may have been made to it, shall be delivered only to the court at its request.

Art.135. Forum and cost.

(1)    The copies or extracts of the records of civil status shall be drawn up on printed forms which the governor of the province shall supply to the officers of civil status.
(2)    Such copies or extracts shall be signed by the officer of civil status who delivers them and bear the seal of the administrative department to which the belongs.
(3)    The prescribed fee shall be charged on their delivery, as well as, where appropriate, the postal expenses for the sending of the copy or of the extract.

Art. 136.- Probatroy force.

Extracts or copies of the records of  civil status, issued by the depositaries of the registers, shall have the same probatory force as the records of the registers themselves.

Art.137.- Verification.

(1)    The court may, where it thinks fit, Order that the extracts or copies be collated with the original.
(2)    It may order that a photocopy of the record he supplied to it.

Section 6. Sanction of the rules
relating to civil status

Art. 138.- Civil liability of officials.

Any violation, by the officials charged with keeping  or with conserving the registers, of the provisions of this Chapter or of the provisions of the regulations made for their application, shall render them liable to all persons who suffer prejudice form such fact.

Art. 139.- Refusal to draw up record.

(1)    Where the officer of civil status or the official charged with keeping the registers refuses to draw up a record corresponding with the declarations which are made to him, any interested person may apply to the court against such refusal.
(2)    The provisions of sub-art. (1) shall apply where the officer of civil status fails to supply to the office of civil status the informations relating to an event in respect of which a record of civil status is to be drawn.
(3)    The same shall apply also if a depositary of the register refuses to deliver a copy or an extract of a record of such registers.

Art. 140.- Liability of witnesses and declarants.

(1)    The declarants and the witnesses shall be liable for the accuracy of the facts which they attest or corroborate in the records of civil status.
(2)    Where they acted in good faith they may sue the persons who led them into error.

Art. 141.- Criminal liability. -1. Failure to draw record.

The punishments prescribed by the Penal  Code shall apply to:
(a)    the officer of civil status who, being bound to draw up a record of civil status, fails to draw it up within the period prescribed by the law;
(b)    the officer of civil status whom, being bound to declare an event to the departmental office of civil status, fails to declare it within the period prescribed by the law;
(c)    the official of the departmental office of civil status who has not immediately drawn up a record when the informations intended for drawing up such record have been communicated to hi9m.

Art. 142.- 2. Failure to make declaration.

The punishments prescribed by the Penal Code shall apply to:
(a)    any person who, being bound to declare an event to the officer of civil status, fails to declare it within the periods prescribed by law, when, as a result of such failure, a record of civil status has not been drawn up;
(b)    any person who, having been  required by the officer of civil status to give information for the purpose of the drawing up of a record of civil status concerning them, fails to give such information.

Art. 143.- 3. Inaccurate declarations.

(1)    The punishments prescribed by the Penal Code shall apply to any person who, for the purpose of drawing up a record of civil status, makes a declaration which he knows to be inaccurate to the office of civil status or to the officials of the departmental office of civil status
(2)    The punishments prescribed by the Penal Code shall apply to the witnesses who support such declarations knowing them to be false,
(3)    The punishments prescribed by the Penal Code shall apply to the officer of civil status or the official of the departmental office of civil status who drawn up a record of civil status on declarations which he knows to be inaccurate, or who issues an extract or a copy of a record not corresponding with the original.

Art. 144.- 4. Destruction or alteration of registers.

The punishments prescribed by the Penal Code shall apply to any  person who destroys or alters a register of civil status.

Art. 145.- 5. Use of altered record.

The punishments prescribed by the Penal Code shall apply to any person who knowingly make use of a record or of a copy of a record or of an extract of a record of civil status fraudulently altered.

Section 7. Action of Notoriety

Art. 146.- Principle.

(1)    Acts of notoriety are drawn up by officers of civil status or by notaries.
(2)    They shall be authorized and approved by the court.

Art. 147.- Authorization.

Proof by means of acts of notoriety may only be authorized by the court where:
(a)    it is proved that the registers of civil status have not been kept regular or that they contain gaps;
(b)    it is proved that such registers have been lost or torn;
(c)    it is impossible or very difficult to obtain a copy of a record in such registers;
(d)    the person who refers to a record does not know in which place such record has been made, and such ignorance is excusable;
(e)    the law so provides.

Art. 148.- Who drawn up the act.

(1)    When the court authorized the proof by means of an act of notoriety, it shall specify in which place the act of notoriety shall be drawn up.
(2)    It shall give the officer of civil status or the notary required to draw up the act all the appropriate instructions, for the purpose of provoking opposition and of ensuring the genuineness of the act.

Art. 149.- Particulars of the act.

Acts of notoriety shall contain the same particulars as records of civil status the default or irregularity in which they correct.

Art. 150.- Report annexed thereto.

(1)    The officer of civil status or the notary who has drawn up an act of notoriety shall annex thereto a report to the court on the circumstances in which be has performed his task.
(2)    He shall mention in particular whether the act of notoriety is in conflict with a record of civil status or with another act of notoriety previously drawn up.

Art. 151.- Probatory value.- 1. Before approval.

(1)    The court shall determine freely the value attached to acts of notoriety taking into consideration the date the circumstances in which they have been drawn up.
(2)    It may take such steps as are necessary to verify the particulars therein.

Art. 152.- 2. After approval.

An act of notoriety approved by the court, shall have the same effect as a record of civil status.

Art. 153.- Liability of witnesses.

(1)    The declarants  and the witnesses shall be liable for the accuracy of the facts which they attest or corroborate in an act of notoriety,
(2)    Where they acted in good faith, they may sue the person who led them into error.

Chapter 4. Absence
Section 1. Declaration of absence

Art. 154.- Application.

(1)    Where  a person has disappeared and has given no news of himself for two years, any interested party may apply to the court to declare his absence.
(2)    The court having jurisdiction shall be the court of the place in which the absentee had his principal residence.

Art. 155.- Publication of application.

The application shall be published in the manner prescribed by the court, in the place of the last principal residence of the absentee and in any other place where the court considers such publication to be useful.

Art. 156. Inquiry.

The court may order that an inquiry be made, with the assistance of the public prosecutor, in places where it considers it useful, and in particular in the place of the last principal residence of the absentee and in the place where his presence has been noticed for the last time.

Art. 157.- Principle of decision.

(1)    The court shall declare the absence where the death of the absentee appears to it to be probable.
(2)    In making its decision, it shall have regard to all the circumstance of the case.
(3)    It shall in particular take into consideration the fact whether the person whose absence is invoked has or has not appointed an attorney to administer his property and the causes which may have impeded the receipt of his news.

Art. 158.- Postponement of judgment.

The court may postpone its judgment for a year or decide that the judgment declaring the absence will only have effect a year after its delivery.

Art. 159.- Duty to declare absence.

The court shall declare the absence a year after the date of the application where the absentee has disappeared for give years prior to the date of such application and be has not been heard from following the publicity prescribed by the court upon the application having been made.

Art. 160. Day of last news.

The court shall establish in its judgment the day when the last news of the absentee was received.

Art. 161.- Judgment declaring death.

If the evidences collated by the court establish in a manner which may be considered certain that the absentee is dead, the court to which the application for the declaration of absence was made, may deliver a judgment declaring the death of the absentee.

Art. 162.- Costs of proceedings.    

(1)    The costs of the proceedings by which the absence is declared shall be chargeable to the absentee.
(2)    They shall be borne by the person making the application, where the application is dismissed.
Section 2. Effects of absence

Art. 163.- Marriage.

(1)    The marriage of the absentee shall be dissolved on the day on which the judgment declaring the absence has become final.
(2)    The marriage contracted by the spouse after the day on which the last news of the absentee was received may be impugned only by the absentee.
(3)    Notwithstanding the provisions of sub-art, (2) it may also be impugned by the public prosecutor if the proves in an indisputable manner that the absentee is alive on the day on which the action is instituted.

Art. 164.- Succession devolving on absentee.

(1)    Where, after the date of the last news, a succession opens to which the absentee would have been called if he were alive, such succession shall devolve without taking into account the portion which may eventually be assigned to the absentee.
(2)    The  heirs of legatees may be obliged by the court to furnish a guarantee or other security for safeguarding the rights of the absentee.

Art. 165.- Rights depending on death of absentee.

(1)    The persons who have rights dependent on the death of the absentee may enforce  them after the judgment declaring the absence has become final as though the absentee were dead.
(2)    Such persons may be obliged by the court to give, before commencing to enjoy the rights which appertain to them, a guarantee or other security for the things subject to restitution.

Art. 166.- Obligations depending on life of absentee.

(1)    The persons who have obligations depending on the condition that the absentee is alive shall no longer be bound to fulfill such obligations.
(2)    Such persons may be obliged by the court to furnish a guarantee or other security, in case the absentee should still be alive.

Art. 167.- Property of absentee. -1 Placing in possession.

(1)    The will of the absentee, if any, shall be opened at the request of any interested party.
(2)    The persons who would have been called to succeed to the property of the absentee in case he had died on the day of the last news may be place din possession and the property the partitioned.

Art. 168.- 2. Obligations.

(1)    The heir or legatee shall enjoy the property as a good “paterfamilias”
(2)    He may be obliged by the court to give, before commencing his enjoyment, a guarantee or other security for the things subject to restitution.

Art. 169.- 36. Restriction to powers.

(1)    He shall invest the sums received by him within three months from the day on which the received them.
(2)    The may not transfer the property by a gratuitous title, save for establishing the children of the absentee/
Section 3. Termination of absence

Art. 170- Causes. – 1. Principle

The declaration of absence shall cease to have effect where:
(a)    the absentee reappears; or
(b)    it is proved that he was alive on a date subsequent to that of the judgment declaring the absence; or
(c)    it is proved that he died on a date different from that established in such judgment as being the date of the last news.

Art. 171.- 2. Return of absentee.    

(1)    When the absentee reappears he shall recover his property in the condition in which it is, as well as the proceeds of such part of it as has been transferred and the property acquired through the investment of his capitals.
(2)    The income deriving from the property of the absentee shall remain the property of the  heirs or legatees who have received such income.
(3)    The absentee shall retain the right to claim damages from the heirs or legatees and their guarantors, where they failed to comply with their legal obligations or committed a fraud.

Art. 172.  – Presumption of death.-1 Condition.

When ten years have elapsed since the date of the last news, established by the judgment of declaration of absence, the proof that the absentee did not die on the day of the last news may not longer be made except by the absentee himself or by his special attorney appointed after the date of the judgment declaring the absence.

Art. 173.- 2. Effects.

(1)    The persons who have been placed in possession of the property of the absentee may henceforth act as having the right which has justified their being placed possession.
(2)    The guarantees or securities furnished in case the absentee should return shall be extinguished.

Chapter 5. Residence and  Domicile
Section 1. Residence

Art. 174.—Definition.

The residence of the person is the place where he normally resides.

Art. 175.- Mere sojourn in a place.

(1)    The mere fact that a person is for a time in a certain place shall not be sufficient to constitute for him a residence in such place.
(2)    Notwithstanding the provisions of sub-art. (1) a residence is acquired whenever the sojourn is to last, or has lasted, in fact, more than three months.

Art. 176.- Persons without proved residence.

The place where a person is shall be deemed to be his residence, unless it is proved that such person has his residence in another place.

Art. 177.- Several residences.

(1)    A person  may have several residences.
(2)    One of such residences may have the character of principal residences, and the other residences that of secondary residences.

Art. 178.- Married women and minors.

(1)    Married women may have a residence of their own.
(2)    The same shall apply to minors and interdicted persons.

Art. 179.- Public officials.

Public official shall be deemed to have a residence in the place where they exercise their functions.

Art. 180.- Traders.

The place where a person carries on trade shall be deemed to be a residence of such person.

Art. 181.-  Residence-stipulated.- 1. Principle.

A person may validly stipulate that, in his relations with another person, or as regards a specific business or activity, a given place shall be deemed to be his residence.

Art. 182.- 2. Effects.

(1)    Unless otherwise expressly agreed, the person in whose favour such stipulation is made shall not be bound by it.
(2)    He may, at his option, consider as being the residence of the other contracting party either the actual residence of the latter or the residence which has been stipulated.

Section 2. Domicile

Art. 183.- Definition.

The domicile of a person is the place where such person has established the principal seat of his business and of his interests, with the intention of living there permanently.

Art. 184.- Presumed intention.

(1)    Where a person has his normal residence in a place, he shall be deemed to have the intention of residing permanently in  such place.
(2)    An intention to the contrary expressed by such person shall not be taken into consideration unless it is sufficiently precise, and it is to take effect on the happening of an event which will normally happen according to the ordinary course of things.

Art. 185.- Professional and family life.

Where a person  performs the work of his calling in a place, and passes his family or social life in an other place, he shall in case of doubt be deemed to have his domicile in the latter place.

Art. 186.- Unity of domicile.

No person may have his domicile in several places at the same time.

Art.187- Change of domicile.

A person shall retain his domicile in the locality where it was established, so long as he has not established such domicile in another place.
Art. 188.- Unknown domicile.
(1)    Where it can not be established where a person has or had his last domicile, the place of his normal residence shall be deemed to be the place of his domicile.
(2)    In default of a normal residence, regard shall be had to the secondary residence first established.
(3)    In default of residence, regard shall be had to the place where the interested person is.

Art. 189.- Married people.

(1)    A married woman has the domicile of her husband so long as the marriage lasts.
(2)    She may acquire a domicile of her own when the husband is affected by a judicial or legal interdiction.

Art.190.- Minor.

An unemancipated minor shall have the domicile of his guardian.

Art. 191. Interdicted person.

An interdicted person shall retain his domicile at the place where it was established at the time of his interdiction.