residence

residence.

1. The act or fact of living in a given place for some time (a year’s residence in New Jersey).

2. The place where one actually lives, as distinguished from a domicile (she made her residence in Oregon). • Residence usu. just means bodily presence as an inhabitant in a given place; domicile usu. requires bodily presence plus an intention to make the place one’s home. A person thus may have more than one residence at a time but only one domicile. Sometimes, though, the two terms are used synonymously. Cf. DOMICILE(2). [Cases: Domicile

2. C.J.S. Domicile § 4.]

3. A house or other fixed abode; a dwelling (a three-story residence).

4. The place where a corporation or other enterprise does business or is registered to do business (Pantheon Inc.’s principal residence is in Delaware). [Cases: Corporations 52, 503(1), 666. C.J.S. Corporations §§ 107–109, 717, 886, 937, 948–949.]

habitual residence.

1. Family law. A person’s customary place of residence; esp., a child’s customary place of residence before being removed to some other place. • The term, which appears as an undefined term in the Hague Convention, is used in determining the country having a presumed paramount interest in the child.

2. Copyright. An established place, esp. a country, in which one lives for the long term, usu. without being a citizen of the place. • The Berne Convention makes habitual residence an alternative to legal domicile in a member country to qualify for copyright protection but leaves the exact definition of the term to member countries.


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