The Notion of Habitual Residence
Abstract: This contribution summarizes key aspects of habitual residence as a connecting-factor and a basis of jurisdiction in European private international and procedural law. It addresses its significance for avoiding discrimination based on nationality in the EU and its relevance for integrating migrants in the societies of the countries where they reside. Finally, the contribution discusses some key questions of habitual residence, i. e. the foreseeability of its application or the appropriateness of a uniform versus a differentiated interpretation of this term, as well as practical matters such as the habitual residence of children or its ex officio application by courts.
Keywords: European family and succession law, habitual residence, connecting-factors