How does nationality affect choice of law in family and inheritance cases?

In the context of conflict of laws, nationality serves as a primary "connecting factor" used by legal systems to determine which country's laws should govern specific legal issues.1

In matters of family law and inheritance, legal systems must decide whether to apply the law of a person's nationality, domicile, or habitual residence. The approach taken often depends on the legal tradition of the country:1

• Civil-law countries: These jurisdictions frequently prioritize nationality or habitual residence as the basis for a person's "personal law," which follows them and governs aspects of their legal existence, such as family status and succession. When civil-law courts handle cases involving personal status, they typically perform a choice-of-law analysis that focuses on these personal connecting factors rather than applying their own law automatically.23
• Common-law countries: In contrast, these jurisdictions traditionally emphasize domicile as the primary connecting factor for personal law.2

While nationality is a significant factor, it is not applied uniformly worldwide, as legal systems often weigh it against alternative criteria like domicile or residence to resolve conflicts between differing national laws.12