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Habitual residence information


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 less demanding than domicile and the focus is more on past experience rather than future intention. 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.

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Habitual residence

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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...

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Habitual residence test

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The Habitual Residence Test is used by the United Kingdom and the Republic of Ireland to determine eligibility for social security benefits. In both countries...

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Residence

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where people reside. Residence may more specifically refer to: Domicile (law), a legal term for residence Habitual residence, a civil law term dealing...

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Hague Convention on the Civil Aspects of International Child Abduction

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from their country of habitual residence, or wrongfully retained in a country that is not their country of habitual residence. The Convention was developed...

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Dwelling

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November 2009) In international conventions, a person can have only one habitual residence, being the place where the individual ordinarily resides and routinely...

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Choice of law

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if the forum is common law or law of nationality (lex patriae) or habitual residence if the forum is civil law, applies to determine all question of status...

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International child abduction

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breach of custodial rights" and "home" is defined as the child's habitual residence. As implied by the "breach of custodial rights," the phenomenon of...

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Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

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a general rule, the law of the habitual residence of the creditor (the person obtaining maintenance) habitual residence applies. In cases of parents towards...

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Conflict of laws

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patriae) or the law of habitual residence (lex domicilii). (See also 'European Harmonization Provisions': "The concept of habitual residence is the civil law...

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Convention on the Law Applicable to Contractual Obligations 1980

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the place where the contract is to be performed, or the law of the habitual residence of the person who is to perform, or, in the case of a body corporate...

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Swedish nationality law

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deducted from the period of habitual residence. If they move to another country and settle there their habitual residence is interrupted and will start...

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Expatriation tax

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most cases, expatriation tax is assessed upon change of domicile or habitual residence; in the United States, which is one of only three countries (Eritrea...

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Royal Palace of Madrid

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Alcázar of Madrid provided both a safe for the royal treasure and a habitual residence to the Trastámara monarchs in the late Middle Ages. Having endured...

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International matrimonial law

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her “habitual residence” at the time of selection, or the law of the first state in which one of the spouses establishes a new habitual residence after...

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President of Haiti

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crime;[unreliable source?] be the owner of real property and have one's habitual residence in the country; reside in the country at least 5 years before election...

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List of sovereign states by refugee population

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refugee is a person who has fled their own country of nationality or habitual residence, and cannot return due to fear of persecution on account of their...

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Intestacy

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leaving a will, the rules of succession of the person's place of habitual residence or of their domicile often apply, but it is also common for the jurisdiction...

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Rome I Regulation

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seller's habitual residence; a contract for the provision of services shall be governed by the law of the service provider's habitual residence; a contract...

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Ordinarily resident status

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with prescription charges. Immigration health surcharge Habitual residence Habitual residence test "When does someone become ordinarily resident?". Tax...

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Forum non conveniens

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generally base jurisdiction on the residence of the defendant and on choice of law rules favouring the habitual residence of the parties, the lex situs, and...

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Income tax in China

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China-sourced income only. The Chinese concept of "domicile" is based on "habitual residence" which is deemed uninterrupted if the tax resident has to return after...

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Danny Julian Boggs

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establish the child's habitual residence, and courts should use deferential clear-error review to determine habitual residence under the Hague Convention...

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Refugee

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having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling...

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Conflict of divorce laws

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may obtain divorces in states in which they have no permanent or habitual residence; and when one state will recognize and enforce a divorce granted in...

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International child abduction in Japan

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international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in...

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