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 provides a short description and analysis of the recent Hague Principles on Choice of Law in International Commercial Contracts. Key assumptions and values underlying the Hague Principles are succinctly discussed. Subsequently, a translation of the Hague Principles into Polish is provided.
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