European Private International Law - Domicile and Brussels I Regulation Abstract It is undisputable, that the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the so-called Brussels I Regulation, constitutes the cornerstone of the European Private International Law. The term domicile, employed as the most important connecting factor for the determination of jurisdiction under the Brussels I Regulation, is the key word thereof. Domicile as such is a very interesting, although complicated, legal concept. This holds true even in the case of domicile for the purposes of Brussels I Regulation. At the European level, the tradition of domicile, being the connecting factor in most cases of the determination of jurisdiction, was established by the Brussels Convention. Nevertheless, it did not provide for a uniform definition. Instead, it referred to the national laws of the then contracting states. By adopting, with an exception, a uniform definition of a legal person's domicile, the Brussels I Regulation has partially deviated from this practice. However, as regards the natural person's domicile, the reference to the national laws of the European Union Member States was upheld. As the understanding of this concept differs from...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:311034 |
| Date | January 2012 |
| Creators | Řápková, Lucie |
| Contributors | Pauknerová, Monika, Kučera, Zdeněk |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
Page generated in 0.002 seconds