Concept of Habitual Concept of Habitual Residence of the child in Residence of the child in

Serbian LawSerbian Law

Prof. Mirko Prof. Mirko ŽivkovićŽivković

Law facultyLaw faculty

University of NišUniversity of Niš

I Habitual Residence in Sebian PILI Habitual Residence in Sebian PIL

Internal sources of private Internal sources of private international law does not recognize international law does not recognize the notion of habitual residencethe notion of habitual residence

PIL Code (1982) PIL Code (1982) relies on a relies on a conceptual paconceptual paiir r nationality nationality –– domicile domicile

(Ordinary) residence as a point of (Ordinary) residence as a point of contactcontact

I Habitual Residence in Sebian PILI Habitual Residence in Sebian PIL

IInternational sources of private nternational sources of private international law recognize the international law recognize the notion of habitual residencenotion of habitual residence::• Convention of 5 October 1961 on the Convention of 5 October 1961 on the

Conflicts of Laws Relating to the Form of Conflicts of Laws Relating to the Form of Testamentary Dispositions Testamentary Dispositions

• Convention of 4 May 1971 on the Law AConvention of 4 May 1971 on the Law Applicable to Traffic Accidentspplicable to Traffic Accidents,,

• Convention of 2 October 1973 on the Convention of 2 October 1973 on the Law Applicable to Products Liability Law Applicable to Products Liability

• Convention of 25 October 1980 on the Convention of 25 October 1980 on the Civil Aspects of International Child Civil Aspects of International Child AbductionAbduction,,

• Convention of 25 October 1980 on Convention of 25 October 1980 on International Access to JusticeInternational Access to Justice,,

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