Reşedinţa obişnuită în contextul Regulamentului (UE) nr. 650/2012
Habitual residence in the context of Regulation (EU) No 650/2012

Summary/Abstract: The odyssey of habitual residence writes an important chapter with the entry into force of Regulation (EU) No 650/2012. The subject of international successions brings important elements, especially for determining habitual residence. Although not defined in European law, habitual residence is nevertheless present in most European regulations. Thanks to its advantages, this connecting factor has seen rapid growth in recent years, particularly in the area of family and succession. The promotion of integration in the area of cross border mobility is particularly evident in the context of conflicts of laws and jurisdictions arising from successions. Regulation (EU) No 650/2012 introduces significant features in determining the habitual residence of the deceased. Determination means a concrete assessment of all circumstances in order to identify the habitual residence in each individual case. The recitals of the Regulation contain valuable general guidelines for the assessment process. They also contain additional indicators for determining the habitual residence of the deceased in situations that the legislator considers “difficult”. In fact, these are scenarios drawn from cross border practice, which require a detailed analysis of certain elements and their weight in the overall assessment.

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