The Effectiveness of Habitual Residence as a Connecting Factor in the Conflict of Laws

Essay , 2014 , 11 Pages , Grade: First Class Honors

Law - European and International Law, Intellectual Properties

Habitual residence as a connecting factor enjoys popularity in the Hague Conventions and Rome regulations. Insofar it has to be considered a successful concept that took hold in the realm of private international law, but being successful in the sense of being used in different regimes and various legal instruments does not equal being effective.

In this essay the arguments of the changeability of the concept as a reflection of the modern world will be looked at alongside the ordinary meaning approach. Further there will be consideration on the possibility of one being without a habitual residence, the accusation of habitual residence being an underdeveloped concept and questions on the uniformity within the common market.

Inhaltsverzeichnis

I. Effectiveness of law.

II. Changeability, reflection of the modern world and application.

III. Ordinary meaning approach.

IV. Without a habitual residence.

V. Underdeveloped concept.

VI. Uniformity to support the internal market.

VII. Conclusion.

VIII Bibliography

• College: Trinity College Dublin (School of Law)
• Course: Conflicts of Law
• Grade: First Class Honors
• Author: Maximilian Grimmeiß (Author)
• Publication Year: 2014
• Pages: 11
• Catalog Number: V299160
• ISBN (eBook): 9783656961604
• ISBN (Book): 9783656961611
• Language: English
• Tags: Conflicts of Law, Habitual residence, connecting factor