“ADDRESS” AND “DOMICILE”

“Domicile” means a legal residence which is the place where a person has usual dwelling.

The “address” is where a person has current dwelling due to personal or professional interests.

According to the private law, the “address” is where a person establishes the principal place for his/her personal or professional interests (art. 43 c.c.). These interests, obviously, are not just of economic nature, but also personal, social and political. Furthermore, in the II Comma of the same Article, the Civil Code specifies that the “domicile” is the place where a person has his/her usual dwelling. The meaning of “dwelling” is not specified, therefore, we need to consider its common meaning: the place where a person happens to live or has his/her personal interests and family/emotional connections.

The Council of Ministers approved the Regulation which implements the institution of the “change of domicile in real time” introduced by the decreto-legge 9 febbraio 2012, n.5, converted by the law 4 aprile 2012, n. 35.

The new rule lets citizens to present the declarations concerning the register - of domicile and moving abroad - directly at the office or by sending them by post, fax and email.

The main developments provided for in Regulation, approved upon a proposal by the Minister of the Interior in agreement with the Minister of Public Administration and Simplification, concern the declarations (related to the register) and the control of the requirements. The officer in charge must register the declarations within two working days after the submission, whereas the legal effect of the declarations and their deletion become effective from the date of the declaration.

Meanwhile, the control of the necessary requirements is carried out within 45 working days after the registration by the officer in charge.

PLEASE NOTICE – RISK OF REPORT OF FALSE DECLARATION

The declaration of domicile is made pursuant to DPR 445/2000, therefore, in the event of false declaration the art. 76 and 77 of the same DPR shall apply and provide the retrogression of the acquired benefits (in other words the reactivation of the previous status in the register, as if no modification had been made), as well as the criminal nature. Moreover, the officer must inform the competent authorities of the crime.