The concept of the deceased's habitual residence in the European succession regulation / El concepto de residencia habitual del causante en el Reglamento Sucesorio europeo

• Main Author: Javier Carrascosa González
• Format: Article
• Language: deu
• Published: Asociacion Castellano-Manchega de Sociologia (ACMS) 2015-10-01
• Series: Barataria : Revista Castellano-Manchega de Ciencias Sociales
• Subjects: Habitual residence; international successions; costs associated to the conflict rule; international jurisdiction; European private international law
• Online Access: https://revistabarataria.es/web/index.php/rb/article/view/23

International successions have often raised controversies for Private International Law. This paper deals with the general ground of jurisdiction of the deceased’s last habitual residence. In this field, the flexible, fluid and changing concept of the last “habitual residence” of the deceased needs an appropriate interpretation both for academics and for the practitioners of Private International Law. However, this essay holds that the liquidity of the concept “habitual residence” of the deceased may be an advantage to grant international jurisdiction on the courts which are best placed to rule on the merits of the case. Moreover, this paper sustains that a careful and holistic interpretation of the text of the Regulation and a proper analysis of the function of this ground of international jurisdiction leads to a surprising conclusion, i.e., the concept of the “habitual residence” is not as complex and difficult to specify as, at first glance, it might appear.