Why has habitual residence become important in private international law?

In private international law, the concept of habitual residence has gained significant importance as a primary connecting factor for determining applicable law and judicial jurisdiction.12

Its rise is largely attributed to the influence of the Hague Conference on Private International Law, which has promoted its use to harmonize legal standards across different jurisdictions. Historically, civil-law countries relied heavily on nationality, while common-law systems traditionally emphasized a narrow definition of domicile.1

Habitual residence has become a preferred alternative because it offers a more practical and modern way to identify a person's genuine connection to a state compared to the rigid or technical requirements of domicile or the potentially exclusionary nature of nationality. By serving as a standardized reference point, it helps mitigate the uncertainty caused by disparate national rules and reduces the reliance on "exorbitant" jurisdictional bases that often create international legal tension. Consequently, it is now widely utilized in both choice-of-law rules and jurisdictional frameworks to ensure more predictable and equitable outcomes in cross-border legal matters.12