HABITUAL RESIDENCE IN THE CONTEXT OF EUROPEAN MATRIMONIAL REGIME. REGULATION (EU) 2016/1103 Cover Image
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„REŞEDINŢA OBIŞNUITĂ” ÎN CONTEXTUL REGIMURILOR MATRIMONIALE EUROPENE. REGULAMENTUL (UE) 2016/1103
HABITUAL RESIDENCE IN THE CONTEXT OF EUROPEAN MATRIMONIAL REGIME. REGULATION (EU) 2016/1103

Author(s): Jugastru Calina
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: legal relationship with foreign element; point of contact; habitual residence; matrimonial regime; Regulation (EU) 2016/1103;

Summary/Abstract: One of the connecting points that are frequently applied in the domestic private international law is the habitual residence. The European legislator's preference for the use of habitual residence is obvious, as most European regulations usually mention it alongside citizenship. The role of habitual residence in conflict-of-law and conflict of jurisdiction is major (a fact that also arises from the fact that habitual residence is the first applicable liaison point when the hierarchy of connection points is cascade). The statements are perfectly valid for the matter of European matrimonial regimes, which exploits all aspects of the habitual residence (spouses or, as the case may be, future spouses). The advantages of habitual residence are incontestable; the fact that it is a factual notion is likely to contribute to the security and predictability of European regulations.

  • Issue Year: 2018
  • Issue No: 09
  • Page Range: 6-17
  • Page Count: 12
  • Language: Romanian