WHAT EXACTLY IS MY DOMICILIUM CITANDI ET EXECUTANDI?

When completing a form or signing a contract one often comes across a clause that refers to a Domicilium Citandi et Executandi.

Domicilium Citandi et Executandi is a Latin term which can be construed as meaning the address nominated by a party, in a legal contract, at which he or she elects to receive all legal notices and documents.

Choosing a Domicilium address has specific legal consequences such as:

  • The party who elected the Domicilium address should be ready to receive any legal notice that is delivered to that address.
  • If a change in address occurs, a party should notify the other contracting party, preferably in writing, of such a change in address.
  • Delivery of a legal notice or document to the Domicilium address chosen by a party to a contract will be considered sufficient for the purposes of legal action and such party would be deemed to have received the legal notice or document.

It is therefore important to choose your Domicilium address wisely.

In general, it is our advice that you select a Domicilium address at which you permanently reside or if you choose an address where you are not permanently residing, for example a property which is being leased out, that you request the tenant to inform you of the receipt of any legal notice or document as soon as possible.

We understand that legal terminology can be overwhelming.  Please do not hesitate to contact the  Property Law and Conveyancing Department at Goldberg & de Villiers on 041-501 9810 or adri@goldlaw.co.za for advice.