Zwykły pobyt dziecka jako podstawa jurysdykcji krajowej oraz łącznik kolizyjny
Habitual residence of a child as a ground of jurisdiction and connecting factor

Summary/Abstract: The subject matter of the article is the issue of use of the connecting factor of the habitual residence in the conflict of law rules and in the rules establishing jurisdiction in the family law matters with participation of a child. Those rules are contained for the most part in international agreements and EU regulations. The first part of the article presents the regulation of conflict of law provisions in the selected international conventions prepared by the Hague Conference on private international law and the EU legal acts. The next part includes the elaboration on the meaning of the terms „the place of habitual residence”, including the circumstances to be taken into account when determining habitual residence. The acts discussed do not contain a definition of the term, the position in this regard was therefore developed by the legal doctrine and jurisprudence. The last discussed issue is the relation between the connecting factors of the habitual residence and the domicile in the national conflict of law rules and the rules establishing jurisdiction. The polish legislator introduced habitual residence as a connecting factor into the national rules while leaving the connecting factor of the domicile.

• Details
• Contents