Quite often when completing a form or signing a contract one comes across a clause, usually at the end, that refers to a domicilium citandi et executandi. This so-called domicilium clause is found even in documents as simple as, for instance, the form one would complete when visiting a new doctor for the first time. If a person were to ask someone what they thought the term meant, the answer would most probably be something like, “It’s just your address”. But is this correct?
Domicilium citandi et executandi is a Latin term which, if directly translated to English, means “house for summoning and upkeep”. The general meaning thereof can be construed as the address nominated by a party in a legal contract at which it elects to receive all legal notices and documents.
Completing such a clause in a contract or form has specific legal consequences that everyone should be aware of, such as:
The last point above should not be taken lightly. The practical consequence thereof is, for instance, that a contracting party may deliver a letter of demand and a summons to the domicilium address, and whether or not it was actually received by the other party, he may proceed to obtain a judgment as he does not have to prove that the documents was received but merely that it was delivered to the correct address.
It accordingly goes without saying that it is pivotal that a person chooses its domicilium address wisely. In this regard the following tips might be useful when considering a domicilium address:
* This article does not deal with the requirements of service of notices in terms of the National Credit Act.
Get in touch with us to discuss how we can help you with your challenges