Libro Primero · Título I Capítulo III. Del domicilio

Domicile is voluntarily constituted by residence in a place with the intent to remain therein.

The intent to remain is presumed by continuous residence for one year in the place. The foregoing presumption shall cease if it is proved that the residence is accidental or that it is maintained in another place.

If a person lives alternately or has habitual occupations in several places, such person is considered domiciled in any of them; but if the acts in question have a special relationship to a specific place, such place shall be the domicile of the person.

A person who does not have a habitual residence is considered domiciled in the place where that person is located.

The legal domicile of a person is the place where the law fixes their residence for the exercise of their rights and the fulfillment of their obligations, even if in fact they are not present there.

Legal domicile is deemed to be:

a)For a minor and an incapacitated person, that of the persons exercising parental authority, or guardianship.

b)For public officials, employees, subordinates and other persons, the place where they render their services; but those who are temporarily performing a commission shall not acquire domicile in that place;

c)For military personnel in active service, the place where they are assigned;

d)For those serving a sentence, the place where they serve it, with regard to legal relations subsequent thereto; as to prior ones, they shall retain the last one they had; and

e)For Guatemalan diplomatic agents residing abroad by reason of their office, the last domicile they had in the national territory.

The domicile of a legal person is that designated in the document in which its creation is recorded or, failing that, the place where it has its administration or its central offices.

The place where said agencies or branches are located is also deemed to be the domicile of legal persons having permanent agencies or branches in places distinct from that of their domicile, with respect to the acts or contracts performed by said agencies or branches.

Persons may, in their contracts, designate a special domicile for the performance of the obligations arising therefrom.

Municipal residency is the municipal district in which a person resides and is governed by the same laws as domicile.

Municipal residency confers equal rights and imposes the same local obligations on Guatemalans and foreigners.