Ujednolicenie pojęć „zamieszkania” i „pobytu” w Rezolucji Komitetu Ministrów Rady Europy (72) 1

• Authors: Bobrzyńska Olga

Title variants

EN

Standardisation of the concepts of “Domicile” and of “Residence” in the Resolution (72) 1 adopted by the Committee of Ministers of Council of Europe

• Languages of publication: PL

Abstracts

EN

The subject matter of the article concerns the standardisation of the legal concepts of “Domicile” and of “Residence” in the Resolution (72) 1 adopted by the Committee of Ministers of the Council of Europe on 18 January 1972. The first part of the article presents the nature and the content of the resolution and its annex containing “rules” concerning both concepts. The resolution is not a legally binding instrument and its goal is to influence interpretation of the key legal concepts of “domicile” and of “residence”. The resolution has indented to provide for a unification of these concepts. The next part of the article includes remarks regarding the impact of the resolution on the national legislators and doctrine. The emphasis is put on the role of the concept of “domicile” and “residence” as connecting factors in private international law. The effect of the resolution is discussed in the light of the tendencies of the time, especially standpoint of the Hague Conference on private international law on the use the concept of domicile and the meaning of the term habitual residence.

Keywords

EN

domicile; residence; standardisation of legal terms Council of Europe; resolution

• Publisher: Polska Akademia Umiejętności
• Journal: Kwartalnik Prawa Prywatnego
• Year: 2015
• Volume: 24
• Issue: 3
• Pages: 727-749

Contributors

author

Bobrzyńska Olga

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