Habitual residence in the context of "Conflict of laws"

Play Trivia Questions online!

or

Skip to study material about Habitual residence in the context of "Conflict of laws"

Ad spacer

⭐ Core Definition: Habitual residence

In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or entitlement. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing.

Habitual residence is determined based on the totality of circumstances which may include both future intention and past experience. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places. It is the geographical place considered "home" for a reasonably significant period of time.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Habitual residence in the context of Domicile (law)

In law and conflict of laws, domicile is relevant to an individual's "personal law", which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent.

As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is.

↑ Return to Menu