Квалификација уобичајеног боравишта: правно или чињенично питање
Qualification of Habitual Residence: Question of Law or Question of Fact

Author(s): Dragana Damjanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Habitual residence; Legal qualification; Legal issue; Question of fact; Factual concept; Factual background Defining habitual residence; Flexibility;
Summary/Abstract: Habitual residence is a term created by the Hague Conference on Private International Law, with the aim of overcoming the differences between countries that proffered citizenship as a point of attachment in status, family and inheritance relationships and those countries that preferred domicile in this sense, and difficulties in interpretation of domicile itself. The Hague Conference turned to the habitual residence, and over time it became the dominant criterion both for determining the applicable law and for determining jurisdiction, not only in the instruments of the Hague Conference for International Private Law, but also in the law of the European Union, and international legislations. At the same time, as a plus on the side of habitual residence, its factual character is emphasized, which allows it to be determined in each case separately. , However, the question arises whether habitual residence is a factual or legal issue? In the paper, the author tries to provide answers to the above and some other questions, trying not to violate the idea of habitual residence as a flexible point of attachment.

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