2016 ZAB Q4 ‘Habitual residence may fairly be regarded as having eclipsed domicile,
so as to become the most important personal connection of an individual
used by English private international law. This trend has developed over
the last half century, and its strength continues to increase.’ In light of
this statement, critically discuss the development of the concept of
‘habitual residence’ as a connecting factor in the conflict of laws in
England.
2016 Oct Q2 “The notion of habitual residence appears to be emerging as a concept
2017 ZA Q2 acceptable to lawyers from both common law and civil law traditions, as
2018 Oct Q1 representing a compromise between domicile and nationality, or at least
as a more acceptable connecting factor than domicile to be used as an
alternative to nationality.” – Dicey & Morris on the Conflict of Laws.
In light of this statement, critically discuss the development of “habitual
residence” as a connecting factor in the conflict of laws in England.
2017 Oct Q6 “Bearing in mind these different purposes for which personal connecting
factors are used, it is hardly surprising that there is little international
agreement as to the appropriate test of ‘belonging’.” (Clarkson and Hill).
Discuss the above statement by referring to the personal connecting
factors used in English conflict of laws.
2019 Oct Q8 “The concepts of domicile and residence as personal connecting factors
in English conflict of laws should be replaced with habitual residence or
nationality since these provide much clearer personal connecting
factors.”
Discuss.
2020 ZA Q2 By referring to the relevant case law, identify the differences between
the concept of HR and the concept of domicile.
2020 ZB Q4 By referring to the relevant case law, critically analyse the importance of
domicile as a connecting factor in the determination of personal status.
so as to become the most important personal connection of an individual
used by English private international law. This trend has developed over
the last half century, and its strength continues to increase.’ In light of
this statement, critically discuss the development of the concept of
‘habitual residence’ as a connecting factor in the conflict of laws in
England.
2016 Oct Q2 “The notion of habitual residence appears to be emerging as a concept
2017 ZA Q2 acceptable to lawyers from both common law and civil law traditions, as
2018 Oct Q1 representing a compromise between domicile and nationality, or at least
as a more acceptable connecting factor than domicile to be used as an
alternative to nationality.” – Dicey & Morris on the Conflict of Laws.
In light of this statement, critically discuss the development of “habitual
residence” as a connecting factor in the conflict of laws in England.
2017 Oct Q6 “Bearing in mind these different purposes for which personal connecting
factors are used, it is hardly surprising that there is little international
agreement as to the appropriate test of ‘belonging’.” (Clarkson and Hill).
Discuss the above statement by referring to the personal connecting
factors used in English conflict of laws.
2019 Oct Q8 “The concepts of domicile and residence as personal connecting factors
in English conflict of laws should be replaced with habitual residence or
nationality since these provide much clearer personal connecting
factors.”
Discuss.
2020 ZA Q2 By referring to the relevant case law, identify the differences between
the concept of HR and the concept of domicile.
2020 ZB Q4 By referring to the relevant case law, critically analyse the importance of
domicile as a connecting factor in the determination of personal status.
