Conflict of laws and private international law |
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Preliminaries |
Definitional elements |
Connecting factors |
Substantive legal areas |
Enforcement |
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or entitlement. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing.
Habitual residence is determined based on the totality of circumstances which may include both future intention and past experience.[1] There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places. It is the geographical place considered "home" for a reasonably significant period of time.