Article 1002 of the Civil Code in 1998 stipulated," The residence of the wife shall be that of the husband…; nevertheless, in case there is an agreement that the residence of the husband shall be that of the wife…, the agreement shall be upheld." This article was against the principle of equality and proportionality of the Constitution. Though the article allows the husband or wife to make an agreement about their residence, it failed to take into consideration that if a husband refuses to make such an agreement with his wife or if an agreement cannot be made, the wife has no choice but to accept her husband's domicile as hers. This article also failed to consider the wife's freedom to choose her residence; thus, it is unconstitutional.
1998年民法第1002條規定：「妻以夫之住所為住所…，但約定夫以妻之住所為住所…，從其約定。」此一規定因違反平等原則及比例原則而違憲。雖該條賦予夫妻一方得另行約定住所，但如夫拒絕為約定或雙方協議不成時，妻即須以夫之住所為住所。該條規定亦未考慮妻應有選擇住所之自由，故而違憲。
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