Reclamantul, în căutarea „locului unde pârâtul locuieşte efectiv”: o perspectivă (relativ) incertă asupra locului citării şi comunicării actelor de procedură
The plaintiff, in search of ”the place where the defendant actually lives”: a (relatively) uncertain perspective on the place of summons and service of the pleadings

Summary/Abstract: The jurisprudence and the doctrine are oriented in the sense of interpreting the notions of ”domicile” and ”residence” in a broad sense, considering that, for the communication of procedural documents, the place where the debtor actually lives is relevant, regardless of the mentions in his identity card. We consider that this interpretation can sometimes generate abuse of procedural law, if it does not take into account the limits imposed by the provisions by the unequivocal provisions of art. 91 of the Civil Code, which states, on the one hand, that the proof of domicile and residence is made, in principle, with the mentions contained in the identity card, and on the other hand that, in the absence of these mentions, or when they do not correspond in reality, the establishment or change of domicile or residence may not be opposed to other persons, except in cases where ”the domicile or residence has been known by other means by the person to whom it is opposed”.

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