Transcendence of the habitual residence in family crisis in the European Law. Discussion of the judgement of July 24, 2019 Second Section of the Provincial Court of Girona
Abstract
The sentence of the Second Section of de Provincial Court of Girona of July 24, 2019 allows us to highlight the importance of the habitual residence for the parties in the international relations between private parties at the moment when the conflict arises. In this case, the habitual residence in Spain caused at the time of the divorce of two spouses of French nationality, married in France, and with properties in Spain and France, and due to the application of the European regulations will be analyzed here, the judicial competence of the Spanish courts and the completion of the procedure through the Spanish legislation. We will not miss the occasion to highlight that the argumentation and the terminology used in the final decision could have been more accurate and correct.
