Connecting Factor of Habitual Residence at EU and Iranian Conflicting Rules

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MAGHSOODI Reza

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Journal: PRIVATE LAW Year:2017 | Volume:5 | Issue:18 Page(s): 167-197

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Title

Connecting Factor of Habitual Residence at EU and Iranian Conflicting Rules

Author(s)

MAGHSOODI Reza | Issue Writer Certificate

Keywords

Habitual ResidenceQ1

PredictabilityQ2

flexibilityQ1

Close RelationshipsQ1

Abstract

In EU Law, habitual residence is an important connecting factor in relation to conflict of forums and conflict of laws, particularly in personal matters. EU rules and regulation, which are enforceable directly and without a need for approval of domestic bodies, regularly consider this connecting factor and replace traditional connecting factors such as domicile in Common Law and nationality in Civil Law countries. The recognition of the objective factor of residence, the domicile, increases predictability in international relationship. At same time, a close relationship between persons and applicable law provides flexibility regarding conflict of law rules, and unlike the criterion of nationality, it prevents absolute application of rules of a specific country. Moreover, by applying the habitual residence factor, courts are often referred to material rules of Lex Fori and therefore, they are not concerned with problems of proving foreign law.

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APA: Copy

MAGHSOODI, Reza. (2017). Connecting Factor of Habitual Residence at EU and Iranian Conflicting Rules. PRIVATE LAW, 5(18 ), 167-197. SID. https://sid.ir/paper/252754/en

Vancouver: Copy

MAGHSOODI Reza. Connecting Factor of Habitual Residence at EU and Iranian Conflicting Rules. PRIVATE LAW[Internet]. 2017;5(18 ):167-197. Available from: https://sid.ir/paper/252754/en

IEEE: Copy

Reza MAGHSOODI, “Connecting Factor of Habitual Residence at EU and Iranian Conflicting Rules,” PRIVATE LAW, vol. 5, no. 18 , pp. 167–197, 2017, [Online]. Available: https://sid.ir/paper/252754/en

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