Lundi 21 juin 2021: Monsieur Vito Bumbaca
Monsieur Vito Bumbaca soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée:
« Habitual Residence in Cross-border Family Relationships »
Lundi 21 juin 2021 - 14h15.
Soutenance en ligne*
* par ZOOM : https://unige.zoom.us/j/92788815357
This thesis supports the recourse to habitual residence in international family law as an inter-country concept, which is old in its origins and modern in its objectives. Habitual residence is adaptable and flexible when considering each family context. It is actual and close when determining the realistic nexus with justice. According to this research, the possible transnational conflicting operation of habitual residence, affecting people’s interests and rights in similar family contexts, does not rely on the absence or presence of an international legal definition, but on the lack of uniform factual guidance. A uniform fact-based determination, life adapted, is therefore required for the most effective and efficient use of habitual residence. This would be more compatible with the founding objectives and characteristics of habitual residence, unlike a legalistic approach. In this sense, an international handbook should be conceived at the Hague Conference on Private International Law, with the support of other entities such as the UN Committee on the Rights of the Child, the UN Committee on the Rights of Persons with Disabilities, the European Commission (DG Justice) and the Council of Europe (Committee on Legal Co-operation), in order to establish a guide applicable to the various family law instruments adopting habitual residence.21 juin 2021