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Cosmin DARIESCU: Which is the legal ground for the tourist’s enrolment in the book of the house at an accommodation place?

Abstract: Article 39 of the Urgently Ordinance of the Government no.97/ July the 14 –th 2005 on the Romanian citizens’ record, domicile and residence provides that the  hotel owner or the hotel manager have to inscribe the travelers, at their arrival, into the Book of the House. According to Articles 36, 37 and 38 of the Ordinance, the Book of the House is a record of all the people that have established in that building their residence or domicile. Does the traveler’s enrolment into the Book of the House mean that the traveler acquires there residence or domicile? No, because Article 31 second paragraph prohibits travelers from acquiring the habitual residence (defined by Article. 30 as the address where a person is temporary dwelling for a period of more than 15 days) at the address of their accommodation. Also, presuming that the traveller’s enrolment means  that he is acquiring there his domicile, we come to an absurd situation in which if a tourist spend a night in a hotel, he will acquire there a permanent residence ( named in Romanian law, domicile). The absurdity of this situation is amplified by the fact that even the Ordinance in discussion denies the habitual residence quality to the tourist’s accommodation address. How can it consider that address as the traveler’s permanent residence? In our opinion, the tourist’s enrolment in the Book of the House is justified by the mere fact of dwelling there for a shorter or longer period of time. It is another legal ground not provided in Article 37 fourth paragraph and Article 38 first paragraph of the Ordinance.      

 Keywords: travelers’ enrollment; the Book of the House of the accommodation place, legal ground,  Romanian residence, Romanian domicile, dwelling.


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