Habitual residence : a more appropriate and convenient private international law personal connecting factor than either domicil or nationality?

Abstract

What is habitual residence in private international law? In this thesis I will analyse this comparatively new personal connecting factor in depth and try to answer whether the personal connecting factor of habitual residence is a more appropriate and convenient private international law personal connecting factor than either domicil or nationality. In the first chapter I will tackle one of the most influential of all personal connecting factors, that of domicil and analyse it comparatively due to the different interpretations that can arise with regard to this connecting factor depending on the jurisdiction. In the second chapter, the connecting factor of nationality will be dealt with and eventually both personal connecting factors of domicil and nationality will be compared to one another looking at both of them closely. The pros and cons of each one of them will be examined. In the third chapter the concept of residence will be introduced and the various forms of it will be assessed. The concept of residence will be contrasted to that of presence and the differences of these two factors will be highlighted. Simple residence, ordinary residence and the concept of permanent residence will also be discussed. The main focus of this thesis, the personal connecting factor of habitual residence will also be introduced in this chapter and its origins as well as its various definitions and interpretations will be examined. In the fourth Chapter I will discuss the personal connecting factor of habitual residence in questions of jurisdiction and recognition and enforcement of foreign judgments and in the fifth Chapter the personal connecting factor of habitual residence in questions of choice of law will be discussed. In both of these chapters I will focus mainly on the recent EU regulations which have been the driving point for habitual residence in these areas. The question of whether habitual residence is an appropriate personal connecting factor in these situations will be the focus of these two chapters. In my conclusion I will briefly summarise the main findings of all the chapters of my thesis and give my personal views with regard to the subject at hand along with recommendations for improvements which I believe may need to be made.