Percorrer por autor "Alexandre, Sara de Oliveira"
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- Habitual residence in the context of EU private international lawPublication . Alexandre, Sara de Oliveira; Sousa, António Manuel Carneiro da Frada Marques deHabitual residence is a connecting factor that is employed to determine which legal system is applicable in cases of transnational legal relationships where a conflict of laws occurs. The term was created as a contrast to the better-established nationality and domicile, and its adaptability and flexibility have made its popularity and usage rise, not only in the general Private International Law field, but also within the smaller EU Private International Law community. The issue the term encounters is that, even though it has been employed in Private International Law instruments for over a century, and in the EU for over three decades, it seemingly lacks the definition and reliability necessary to ensure juridical certainty in cross border relations. This essay looks to determine exactly what the term habitual residence means within the context of EU Private International Law, as established by Regulations and European Court of Justice decisions, as well as the problems and solutions that arise from that meaning.