Sentences with phrase «habitual residence ruling»

Not exact matches

There is no rule that one parent can not unilaterally change the habitual residence of a child; and

Thus, the Hong Kong courts have revised their rules concerning the interpretation of habitual residence to follow the interpretation of the entire European Union, the UK, Canada and most of the rest of the

(1) Regarding the formation and effect of a contract (excluding labor contracts; hereinafter referred to in this Article as «consumer contract») between a consumer (i.e., an individual, excluding those cases where the party acts as a business or for a business) and a business operator (i.e., a juridical person or other corporate association, or an individual in those cases where the party is acting as a business or for a business), even where by choice under Article 7 or variation under Article 9, the applicable law would be a law other than that of the consumer's habitual residence, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply, this mandatory rule shall also apply to the matters covered by the rule concerning the consumer contract's formation and effect.

(3) In regards to the formation of a consumer contract, even where a law other than the law of a consumer's habitual residence is chosen under Article 7, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply to the formalities of the consumer contract, only the mandatory rule shall apply to the matters covered by the rule concerning the consumer contract's formalities, irrespective of Article 10, paragraphs 1, 2, and 4.

Thompson may therefore offer some valuable insights on how the SCC could rule on the issue of the effect of a time - limited consent on a child's habitual residence in Balev.

In deciding whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, consideration of conditions in the place of habitual residence does not have to be the starting point of the assessment, the House of Lords has ruled.

The closest link to determine which national family law rules are applicable to specific family matters is the habitual residence or domicile of the parties concerned.