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.
The article discusses the concept of habitual residence in the conventions administered by the Hague Conference on Private International Law. The article presents the origins of the term “habitual residence” and discusses the Hague conventions in which this connecting factor constitutes a basis for the determination of jurisdiction or indication of applicable law, with a particular emphasis on relations with other personal connecting factors: domicile and nationality. The article includes considerations on the meaning of the term “habitual residence” and the problems that arise during its interpretation. Furthermore, it discusses the impact of the connecting factor of “habitual residence” used in the works of the Hague Conference on Private International Law on the process of harmonization of the conflict of law provisions in the European Union and the activity of national lawmakers.
The article discusses main changes introduced by Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction in view of criticism and expectations expressed with regard to its predecessor, i.e. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347.