The Hague Conference on Private International Law: Draft Convention on the Recognition of Foreign Divorces and Legal Separations

Bridging the Gap between Civil and Common Law: An Analysis of the Proposed EU Succession Regulation

“…During the lifetime of the feudal system, England has seen a shift from a society of hunters and shepherds, through an economy based on agriculture, where ownership of land took on a new importance, to the rise of commerce, where the freedom to transfer ownership in land is of crucial significance. 113 As discussed above, however, this change did not eradicate pre-existing customs regarding an heir's entitlement to inherit, which were given weight in practise during Henry II's reign and later further enshrined in law, which will be discussed below.…”

“…As one commentator puts it, '"habitual residence" is a term, generally unknown to the common law, which is much in vogue on the Continent'. 113 Nowadays, habitual residence is as dominant and prevalent a connecting factor in continental Europe as nationality ever was:…”