The whereabouts where it is the way it goes

In this item, I explain a legal term. Look at "the Imperial Palace where you are the way it goes" about the historical term.

The place where people usually live in whereabouts (じょうきょしょ British: habitual residence, Buddha: résidence habituelle) where it is the way it goes. I may be used as a linkup in a private international law. I was created as a concept unlike an address and the whereabouts by Hague private international law meeting.

Table of contents

Introduction process of the whereabouts concept that it is the way it goes

A legislation example is divided into the principle of law of the domicile to base on the nation having address place chief abbot justice and the nationality of the person to base on the address place of the person about the law relations to adopt so-called personal law as a life-related base of the privacy law of the people, and to understand, and to understand.

Of these, the authorization of the address turns out different by range of an ordinance even if I established it in a treaty when I adopt address ground chief abbot justice because the requirements of the address vary according to range of an ordinance to adopt address place chief abbot justice in each range of an ordinance. In the Hague private international law meeting, I came to introduce a concept called the whereabouts where it was usual as a linkup in substitution for an address to avoid such a result.

Significance

It was Swiss private international law Article 20 and, about the concept of the whereabouts where it was usual, did "a to a considerable degree long-term stay even if a period was limited beforehand" when it should be sincere and a definition was done for the time being, but has been never defined as "places to stay in in Hungary private international law Article 12 during a considerable period" in the Hague private international law meeting. In addition, it does not have a problem that "intention" to stay continuously is unnecessary, but does not necessarily become clear what you would do to the stay purpose how much stay there should be.

Therefore, in Japan, a tentative authorized standard is established in family register business.

The whereabouts that it is the way it goes in the family register business of Japan

In the Japanese private international law, the whereabouts where it is the way it goes is used to decide a governing law about many law relations around the field of the Familienrecht. As for the effect of the marriage, it is established the effect by the whereabouts ground method where it is the way the couple goes when I give an example when the nationality of the couple is different (common rule method Article 25 about the application of the law).

Because, as for the definition of the whereabouts where it is usual, a law does not have the rule of the clear provision; by the interpretation it is expected, but the family register office work top will authorize the whereabouts where it is usual according to (October 2, 1989 date people two 3900th) about the Ministry of Justice civil affair chief of the bureau notification "handling of the family register office work with the enforcement of the law to revise a part of the law". The content is almost as follows.

• About a Japanese
  • If there is resident registration in Japan, the whereabouts where it is the way it goes shall be in Japan. It is similar after the departure within one year.
  • As a general rule, in the case of 1 through 5, the whereabouts where it is the way it goes shall be in Japan after the departure. But the whereabouts where it is the way it goes shall include the cases that a dual nationality person stays in the nationality country except Japan in the country concerned.
  • When I stay in the foreign country more than five years, the whereabouts where it is the way it goes shall be in the country concerned.
• About a foreigner
  • As for the following people, the whereabouts where it is the way it goes shall be in Japan regardless of a residence period.
    • The person who does not leave the country after birth in Japan
    • The people who were born as a Japanese child
    • Person to reside in with the residence status of "the special permanent resident"
  • When I reside depending on a residence status secondary to Japan more than one year or five years, as for other people, the whereabouts where it is the way it goes shall be in Japan.
    • In the case of a permanent residence purpose or a purpose to be similar to these, a stay and registration of one year will do. In these "a permanent resident" "Japanese spouses" (is limited to a Japanese spouse.) Or a person to reside in with the residence status of "the permanent resident" is included the spouses of ," permanent resident (I am born in this country as children such as permanent residents and remove a person residing in this country sequentially afterwards.).
    • As a general rule, in the case of a stay purpose except the above, the stay of five years is necessary.
    • But, as for the illegal holdover, Japan shall not have the whereabouts where it is usual a person (United States officer, civilian employee and the family), the illegal alien that a residence status corresponds to person that "diplomacy" is "official business" or "a short stay", Japan-U.S. Status-of-Forces Agreement Article 9 Clause 1.
  • The authorization of the whereabouts where it is the way it goes in the nationality country follows authorization of the whereabouts where it is the way it goes in Japanese Japan, and the handling, the authorization of the whereabouts where it is the way it goes in other foreign countries follow authorization of the whereabouts where it is the way it goes in Japan of the foreigner and handle it.

In addition, these standards are standards when local Legal Affairs Bureau and city and district heads of towns and villages handle family register office work and do not become the trial model. For example, having residence status or not is not considered to be the requirements fact when I authorize the whereabouts where it is the way it goes at a trial.

Allied item

• Mixed marriage
• Adopted alien child

This item is an unfinished item in conjunction with the fields of law. I demand the cooperator who corrects it, and corrects this item (P: law /PJ law).

It is acquired by "whereabouts &oldid=61605104 where https://ja.wikipedia.org/w/index.php?title= is the way it goes"

This article is taken from the Japanese Wikipedia The whereabouts where it is the way it goes

This article is distributed by cc-by-sa or GFDL license in accordance with the provisions of Wikipedia.

Wikipedia and Tranpedia does not guarantee the accuracy of this document. See our disclaimer for more information.

In addition, Tranpedia is simply not responsible for any show is only by translating the writings of foreign licenses that are compatible with CC-BY-SA license information.