bachelorThesis
La nacionalidad y el domicilio como elementos de conexión: estudio de las motivaciones de su preferencia en el derecho internacional privado
Fecha
2021-10-20Autor
Paguay Pintado, Paula Lizeth
Institución
Resumen
Both nationality and domicile are very important connecting factors, which have
been the object of study by several writers, who have sought to establish a
priority of one over the other in matters such as the study of institutions or the
capacity of people, marriage, kinship, succession due to death, etc. For this
reason, within this investigation I determine all those arguments for and against
these two factors, to establish which of these two is the main connecting factor
and the most suitable means to resolve conflicts of laws that arise in the
international community.
A study has also been carried out on the application of nationality when
resolving a conflict of laws in space, through the analysis of some practical
cases recently resolved by the CIDH as well as the analysis of situations
relevant to the issue that have been presented in Ecuador.
Thus, the domicile as a factor or element of connection in Private International
Law, covers many relevant issues considering that it is one of the elements of
connection that determines the application of the laws of the States, in addition
to being a primary element (along with nationality) as it serves to resolve the
logical and legal process in the approach of a Litis since it determines to whom
corresponds the international jurisdiction or jurisdiction to judge a problem of
Law. In the course of this work, the different points that revolve around
nationality and domicile are developed, in order to determine which of these two
factors has the greatest preference in Private International Law when it comes
to resolving conflicts of laws in the country space