SLOVAK REPUBLIC. THE HABITUAL RESIDENCE IN SLOVAKIAN PRIVATE INTERNATIONAL LAW: DECISION OF THE DISTRICT COURT IN MARTIN OF 21 DECEMBER 2007

This chapter examines mental incapacity as a special issue in private international law. Problems arise in cases where, for example, a mentally incapacitated person may be present in one country but habitually resident in another when measures of protection are needed; or this person may own property situated in a country different from his present location or habitual residence that needs to be dealt with. This chapter considers the jurisdiction of the English courts to order protective measures over a mentally disordered or incapacitated person or over his property, as well as the choice of law rules governing the protection of mentally incapacitated persons, prior to and under the Mental Capacity Act 2005. It also discusses the recognition and enforcement of protective measures taken abroad, along with cases outside the realm of the Mental Capacity Act.

Download Full-text

Developing Internet Jurisdiction in B2B and B2C Contracts: Focusing on Iranian Legal System with Comparative Study of American, English and eu Laws

Arab Law Quarterly ◽

10.1163/15730255-12313034 ◽

2017 ◽

Vol 31 (3) ◽

pp. 276-304

Author(s):

Taher Habibzadeh

Keyword(s):

Comparative Study ◽

International Law ◽

Consumer Protection ◽

Legal System ◽

American English ◽

Computer Software ◽

Modern World ◽

Private International Law ◽

Habitual Residence ◽

Electronic Communications

Abstract In the modern world, electronic communications play a significant role in areas of national and international law such as Internet jurisdiction. Private international law provides that the competent court is the court within which jurisdiction the contract is performed, so it is important to know the place of performance of the contract in the case of contracts for digital goods such as e-books or computer software delivered online. It is equally important in the case of electronic services such as e-teaching. Furthermore, as consumer protection in B2C contracts is important in developing global e-commerce, it is important to consider whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence. The article analyses these questions and proposes ways in which the Iranian legal system might be developed to address issues of Internet jurisdiction in B2B and B2C contracts.

Download Full-text

Residência Habitual e Lei Aplicável à Sucessão Causa Mortis Internacional

Cadernos do Programa de Pós-Graduação em Direito – PPGDir /UFRGS ◽

10.22456/2317-8558.68965 ◽

2016 ◽

Vol 11 (2) ◽

Author(s):

Alfonso-Luis Calvo Caravaca

Keyword(s):

International Law ◽

Private International Law ◽

European Law ◽

The European Union ◽

Rio Grande Do Sul ◽

Habitual Residence ◽

Applicable Law ◽

Para Determinar ◽

Carlos Iii

RESIDÊNCIA HABITUAL E LEI APLICÁVEL À SUCESSÃO CAUSA MORTIS INTERNACIONAL* HABITUAL RESIDENCE AND APPLICABLE LAW TO INTERNATIONAL CAUSA MORTIS SUCCESSION Alfonso-Luis Calvo Caravaca** RESUMO: O objetivo deste artigo é analisar o conteúdo do Regulamento (UE) 650/2012 do Parlamento Europeu e do Conselho em relação à determinação da lei aplicável. A norma traz em seu texto um critério objetivo para determinar a lei aplicável aos casos concretos: a residência habitual do falecido ao tempo do óbito. Este fator de conexão é analisado, bem como a cláusula de exceção a sua aplicação. Os conceitos de residência habitual e da cláusula de exceção, as vantagens e os inconvenientes da aplicação do Regulamento (UE) 650/2012 e alguns casos concretos relativos a sucessões internacionais são apresentados. PALAVRAS-CHAVE: Lei aplicável. Direito Europeu. Direito Internacional Privado Europeu. Residência Habitual. Jurisdição Internacional. Sucessões. ABSTRACT: The aim of this article is to analyse the content of the European Union Succession Regulation (EU) 650/2012 concerning the determination of the applicable law. The Regulation contains objective standards to determine the applicable law in concrete cases: the habitual residence of a person at the time of its death. This connecting factor is analysed, as well as the exception clause and its application. The concepts of habitual residence and the exception clause, the advantages and the inconveniences of the application of the Regulation (EU) 650/2012 and some concrete cases related to cross borders successions were examined. KEYWORDS: Applicable Law. European Law. European Private International Law. Habitual Residence. International Jurisdiction. Succession. SUMÁRIO: Introdução. 1 Determinação da Lei Aplicável: o Critério Objetivo. 1.1 A Residência Habitual do Falecido ao Tempo do Óbito. 1.1.1 Conceito de “Residência Habitual”. 1.1.2 Grupos de Casos. 1.1.3 Vantagens e Inconvenientes da nova Regulamentação. 1.2 A Cláusula de Exceção. 1.2.1 Conceito e Crítica. 1.2.2 Pressupostos e Consequências Jurídicas. Referências.* Tradução de Silvio Brambila Fragoso Junior, mestrando do Program de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul.** Catedrático de Direito Internacional Privado da Universidad Carlos III de Madrid, Espanha. Doutor em Direito pela Università di Bologna, Itália.

Download Full-text

Habitual Residence: The New Domicile?

International and Comparative Law Quarterly ◽

10.1017/s0020589300063971 ◽

2000 ◽

Vol 49 (1) ◽

pp. 86-107 ◽

Cited By ~ 10

Author(s):

Pippa Rogerson

Keyword(s):

Social Security ◽

International Law ◽

European Commission ◽

Child Custody ◽

Private International Law ◽

Habitual Residence ◽

Choice Of Law ◽

Rome Convention ◽

Domestic Legislation

There have been several cases reported over the last few years on the meaning of “habitual residence”. This comparatively new phrase is much in use not only in domestic legislation but also in various Hague Conventions on the reform of private international law and it is in widespread use by the European Commission. Habitual residence is the basis for allocating jurisdiction to that State's court, especially in relation to matrimonial causes and child custody. For example, it has been proposed by the European Commission as a replacement for domicile in the new Convention on the Jurisdiction and Enforcement of Judgments in Civil Matters. Habitual residence is also extremely important in connection with tax matters and social security. It is additionally used in the Immigration Act 1971. Other than its purpose in allocating jurisdiction, habitual residence is beginning to be adopted as a connecting factor for choice of law, for instance the Rome Convention on Choice of Law in Contract.

Download Full-text

RECONSTRUCTION OF LEX PERSONALIS IN CHINA

International and Comparative Law Quarterly ◽

10.1017/s0020589312000619 ◽

2013 ◽

Vol 62 (1) ◽

pp. 137-157

Author(s):

Qisheng He

Keyword(s):

International Law ◽

Mixed Model ◽

Private International Law ◽

Habitual Residence ◽

The Law ◽

International Conventions

AbstractIn 2010, China's Legislature adopted a reconstructed new private international law which makes habitual residence the principal connecting factor of lex personalis. Prior to the new law, lex personalis had followed a mixed model that included the law of domicile, the law of nationality, the law of the country where a Chinese person resides, and the law of the place of an act. The reconstruction of lex personalis improves China's opportunities for accession to international conventions and for the adoption of common international measures to better protect the interests of Chinese citizens, especially children. However, China's legislature and its courts still have much to do in order to decrease and eliminate many conflicts among the previous and current provisions regarding lex personalis. Among other things, criteria need to be established for application in defining, judging and establishing habitual residence, especially with regard to appreciable period of time and settled intention.

Download Full-text

Application of the Succession Regulation by German courts — Selected Issues

Problemy Prawa Prywatnego Międzynarodowego ◽

10.31261/pppm.2020.26.04 ◽

2020 ◽

pp. 27-43

Author(s):

Christian Kohler

Keyword(s):

International Law ◽

Case Law ◽

Private International Law ◽

Habitual Residence ◽

Applicable Law ◽

German System ◽

The Impact ◽

The Eu

The article discusses the impact of the EU Succession Regulation on the German system of private international law. The change came with some important differences introduced in the text of the Regulation as in comparison to previous German solutions (especially the use of the habitual residence as the main connecting factor instead of nationality), and, as a result of the number of decisions of the CJEU on the Regulation (in particular the Kubicka case).The paper presents the most important, up-to-date German case-law relating to the EU Succession Regulation. It starts with the general remarks in that regard and continues to discuss judgments covering issues of jurisdiction, applicable law, and the European Certificate of Succession. Three conclusions are drawn therefrom. First, the cases show a general willingness of the courts to cope with the fundamental changes introduced by the Regulation. In particular, the concept of “habitual residence” is applied on the basis of an autonomous interpretation by reference to the case-law of the CJEU on Regulation Brussels IIa. Second, a number of decisions make apparent that the courts are sometimes slow to accept the consequences which flow from the changes brought about by the Regulation, and which oblige to re-consider the German practice in matters of international successions. That applies in particular to the issuing of the European Certificate of Succession. Third, German courts are generally ready to initiate cooperation with the CJEU by formulating preliminary questions (three questions posed by the end of 2019).

Download Full-text