Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Habitual Residence in European Private International Law

November 23, 2017/in News/by Giesela Ruehl
image_pdfimage_print

Bettina Rentsch, Humboldt-University Berlin, has authored book about the concept of “habitual residence” in European private international law (Der gewöhnliche Aufenthalt im System des Europäischen Kollisionsrechts, ISBN 978-3-16-155172-7). Published by Mohr Siebeck, she sheds light on the concept as such and re-frames the ongoing academic debate with a focus on the relationship between habitual residence and party autonomy.

The book is in German, but the author has kindly provided us with the following English language summary:

European PIL has become increasingly heterogeneous in its legal foundations, shape and principles. Still, all so-called “Rome” regulations are homogeneous if not even uniform in their connecting factors: In the absence of Choice, the law applicable will determined by virtue of Habitual Residence. As a general baseline, the pairing of Party Autonomy and Habitual Residence is a common feature of all Rome regulations. While the recent rise of the former anhas given rise to widespread academic discussion, little has been said on why the EU legislator ever came to choose Habitual Residence as its primary “objective” connecting factor. Neither is there clarity on the political backgrounds nor on the secondary question of whether the former is identical in all contexts Habitual Residence is employed in.

In light of the increase of transnational migration in the EU, the present conceptual vagueness of Habitual Residence cannot be tolerated. In fact, there is both a need for reliable proxies in determining Habitual Residence and an urge to assess whether it can and must be understood and applied different in respective areas of EU Private International Law.

This publication undertakes a first, though definitely not final attempt to shape the blurry and vague notion of Habitual Residence in European Private International Law . Its objective is to, first, find overarching and general means and then to determine approproate criteria to previsibly determine the conditions for a cross-referencing between respective fields of application. Within this framework, the book presents two core arguments:

First, the threshold criteria for Habitual Residence are identical no matter its “purpose” and systematic environment. As a result, drawing the line between different instances of Habitual Residence is a question of degree.

Second, Habitual Residence must be interpreted in light of its respective neighboring choice of law-provisions. In other words, the the extent of choice of law possibilities must be understood as a proxy for interpreting Habitual Residence. Hence, the more leeway the European legislator confers to individuals and the more self-regulation through party autonomy he allows for, the less control by authorities can be required. In practical terms, the mere presence and superficial social interaction of a human being can be sufficient to determine Habitual Residence in contractual relations, the visible limitations of choice in areas like successions law indicate legislative intent.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Giesela Ruehl https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Giesela Ruehl2017-11-23 06:00:392018-08-12 12:01:23Habitual Residence in European Private International Law

Categories

  • Views
  • News

Most Recent Posts

  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
  • Nothing to See Here: The CJEU’s Decision in Case C-232/25 Idzinski June 18, 2026
  • Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court? June 15, 2026
  • PRC Double Interest neither Double nor Penal: Australian Courts Clear Its Name When Enforcing Chinese Judgments June 10, 2026
  • The AIFC Court, Gazprom v Naftogaz and the Emergence of a New Conduit Jurisdiction Debate June 6, 2026
  • Montana Supreme Court Decides International Child Custody Case June 3, 2026
  • China’s Countering Improper Foreign Extraterritorial Jurisdiction Regulation Blocked EU’s Extraterritorial Data Acquisition May 29, 2026
Link to: Job Vacancy: Research Assistant (50%) at the University of Bonn, Germany Link to: Job Vacancy: Research Assistant (50%) at the University of Bonn, Germany Job Vacancy: Research Assistant (50%) at the University of Bonn, Germany Link to: Call for Special Issue Proposals Link to: Call for Special Issue Proposals Call for Special Issue Proposals
Scroll to top Scroll to top Scroll to top