Habitual Residence

In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing.

Habitual residence is less demanding than domicile and the focus is more on past experience rather than future intention. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places. It is the geographical place considered "home" for a reasonably significant period of time.

Read more about Habitual ResidenceDiscussion, Comparison With Domicile

Other articles related to "habitual residence, residence":

Conflict Of Tort Laws - European Harmonisation Provisions
... an exception in Paragraph 2 for the application of the law to any common habitual residence between the parties ... The concept of habitual residence is the civil law equivalent of the common law test of lex domicilii ...
Hague Convention On The Civil Aspects Of International Child Abduction - Habitual Residence
... The Convention does not define the term “habitual residence,” but it is not intended to be a technical term ... generally be understood as the child’s “ordinary residence.” The child’s “habitual residence” is not determined after the incident alleged to constitute a ... A parent cannot unilaterally create a new habitual residence by wrongfully removing or sequestering a child ...
Habitual Residence - Comparison With Domicile
... The test for habitual residence is less demanding ... A person can have only one habitual residence ... Since habitual residence is a test of fact, it cannot be a purely legal concept and there are different views about the factual situations which it is supposed to denote ...
Convention On The Law Applicable To Contractual Obligations 1980 - The Uniform Rules - Consumer Contracts
... of any protections available under the mandatory law of the country in which he has his habitual residence if the consumer was responding to advertising material or a specific invitation and makes ... on the choice of law, it will be governed by the law of habitual residence if it is entered into in the circumstances described above ... to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence ...

Famous quotes containing the words residence and/or habitual:

    The death of William Tecumseh Sherman, which took place to-day at his residence in the city of New York at 1 o’clock and 50 minutes p.m., is an event that will bring sorrow to the heart of every patriotic citizen. No living American was so loved and venerated as he.
    Benjamin Harrison (1833–1901)

    People talk about the courage of condemned men walking to the place of execution: sometimes it needs as much courage to walk with any kind of bearing towards another person’s habitual misery.
    Graham Greene (1904–1991)