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 (Table of Contents)
- 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.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text examines the effectiveness of habitual residence as a connecting factor in the conflict of laws. It assesses the concept's ability to govern various scenarios, its predictability, and its suitability for a globalized world. The author also analyzes the concept's advantages and disadvantages compared to other connecting factors, such as domicile.
- Effectiveness of habitual residence as a connecting factor
- Changeability and reflection of the modern world
- Ordinary meaning approach and its implications
- Uniformity and predictability of the concept
- Comparison with other connecting factors, such as domicile
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter I. Effectiveness of law. This chapter introduces the concept of habitual residence and its application in private international law. It defines the effectiveness of law and proposes a framework for assessing the effectiveness of habitual residence as a connecting factor.
Chapter II. Changeability, reflection of the modern world and application. This chapter explores the adaptability of habitual residence to a globalized world, contrasting it with the concept of domicile. It examines the concept's ability to reflect changing living arrangements and interstate movement.
Chapter III. Ordinary meaning approach. This chapter delves into the ordinary meaning approach to defining habitual residence. It discusses the advantages and disadvantages of this approach in terms of its clarity, predictability, and uniformity across different jurisdictions.
Schlüsselwörter (Keywords)
The key focus topics of this work include habitual residence, connecting factor, conflict of laws, private international law, domicile, ordinary meaning approach, predictability, uniformity, globalization, modern world, legal instruments, Hague Conventions, Rome regulations, and international conventions.
- Citar trabajo
- Maximilian Grimmeiß (Autor), 2014, The Effectiveness of Habitual Residence as a Connecting Factor in the Conflict of Laws, Múnich, GRIN Verlag, https://www.grin.com/document/299160
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