Уобичајено боравиште оставиоца: да ли је ријеч о посебном појму уобичајеног боравишта?
Habitual Residence of the Deceased: Is This a Special Notion of Habitual Residence?

Author(s): Dragana Damjanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Habitual residence; Habitual residence of the decease; Regulation (EU) on Succession;
Summary/Abstract: Today, habitual residence represents a general connecting factor in determining both jurisdiction and applicable law. Special notions of habitual residence have developed over time in addition to the general notion of habitual residence. These notions include the habitual residence of a child, the habitual residence of an entrepreneur , and the habitual residence of a legal entity, i.e., an organization without legal status. The question arises, however, whether the deceased's habitual residence also represents a special notion of habitual residence. The habitual residence of the deceased was first mentioned in the Convention 5 October 1961 on the Conflicts of Laws related to the Form of Testamentary Dispositions. In addition, the deceased's habitual residence appears as a criterion for determining the applicable law in the Convention of 1 August 1989 on the Law Applicable to Succession to the Estates of Deceased Persons. However, it remained relatively unnoticed until the implementation and enforcement of the Regulation (EU) on Succession from 2012. In this regard, the habitual residence of the deceased serves a triple function: it is a criterion of general jurisdiction, it is a point of attachment for determining the applicable law to succession as a whole in the absence of choice, and it is one of the criteria used to order the competent authority to issue the European Certificate of Succession, which was provided by this Regulation. In the paper, the author first analyzes the notion of habitual residence, as it is given in the mentioned Regulation, and then attempts to resolve whether the habitual residence of a deceased person is a special notion of habitual residence.

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