Advantages Of Habitual Residence
In addition, it was suggested that this approach should not be determined in accordance to a spouse, parent or any other person. Notwithstanding the impossibility of depending on it, it can be taken into account namely for a couple living together, for whom it will be presumed they share the same habitual residence, unless proven otherwise. More importantly, as opposed to domicile for instance, one can only have one habitual residence, in order to spare the presence of conflicting systems of law regarding the determination of his or her status or legal rights. Yet, a question remains regarding the time length required in the place to be able to talk about a habit. The greatest weakness of habitual residence, in spite of being one of the …show more content…
It enables English courts to grant decrees of divorce, judicial separation and nullity of marriage, with a method alternative to domicile. The habitual residence is assessed or not according to its degree of continuity, but the decisions also anchored on the circumstances, as this concept is for a great part, a question of facts.This new perception appeared to adapt to the movement of human beings. Habitual residence was indeed seen as a breakthrough in many cases, such as with the case Cruse v. Chittum regarding an overseas divorce, where it was held that habitual residence implied a « regular physical presence which must endure for some time ». This question however revealed itself as disappointing as its predecessor in a certain way, and led to the development of legal rules and theories and affirmation of their features. For instance, the reason why nobody agrees on the solution the most appropriate to solve conflicts of laws, is because each state has its own tradition, and while some are used to emigration, some others are not and would rather apply a basic connecting factor. This is reflected in the diversity of connecting factors which all have their specific characteristics: for instance, a person can only have one habitual residence, but many ordinary residence, and the latter can be acquire in a single day whereas the first one requires a certain period of
NT1310 Unit 1 Assignment 1
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