Examples of using Connecting factor in English and their translations into Hungarian
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The connecting factor: the law of the last habitual residence of the deceased.
The researchers are now looking for some connecting factor between these biomarkers.
A connecting factor can vary in time(e.g. nationality) or in space(e.g. habitual residence).
But first of all, it would unavoidably be anintricate exercise to define what constitutes a sufficient connecting factor.
What happens if the connecting factor changes, e.g. in the case of a transfer of movables?
There are no problems in cases where theconflict rule sets the point at which to determine the connecting factor.
When this other connecting factor does not exist, the Spanish law applies.
Neither the TFEU, nor the judgments of the ECJ determine explicitly which connecting factor should be applied by the Member States.
When it is used, if there is another connecting factor that the private international law rule has determined, it means that reference is made to the corresponding law.
The criterion employed is to consider the law that was applicable at thetime when the legal situation arises even if the connecting factor subsequently changes.
In Swedish private international law the decisive connecting factor for establishing personal status has traditionally been nationality.
Whatever connecting factor is selected, the possibility remains that in certain situations it will fail to match the legitimate expectations of the people involved in a succession.
The adoption of a child as such is a concluded factual circumstance,so the judgment does not change if the personal status or the connecting factor is subsequently changed.
In the light of the importance of domicile as the main connecting factor to define jurisdiction, it should be considered whether an autonomous concept could be developed.
In Spanish law, there is no general rule for cases of mobility conflict, that is,changes in the circumstances used by the conflict rule as the connecting factor.
Cases where the oldlaw takes precedence over the new law, even if the connecting factor changes include: the law of the state where the property was shipped(property to be shipped);
However, the criterion seems to be to consider the law that was applicable at thetime when the legal situation arises even if the connecting factor then changes.
Cases where old law always applies even if the connecting factor changes include: law of the last citizenship(decision finding presumed death, absence or disappearance);
If nationality is used to determine the applicable law, account must be taken of the fact that some States with a legal system based on common law use'domicile' andnot'nationality' as a connecting factor.
As regards the effects of marriage, for example, the first connecting factor under the Code is the spouses' habitual residence at the time when the effects are invoked(Article 48 of the Code).
Concurrence submits that it is entitled to bring an action for an injunction prohibiting the unlawful interference resulting from the alleged infringement before the court in whose territory the online content is or was accessible andthat there is no need to identify another connecting factor.
If the answer to that question is affirmative,can it be considered that that connecting factor is present when the undertaking refuses to disclose the place where it stores those indexes, invoking reasons of competition?
Whatever connecting factor is selected in the future Community instrument for determining the applicable law, there is always the possibility that in certain situations it may not match the legitimate expectations of those involved in the succession.
But there now are so many cases in which nationality has had togive way to habitual residence as the main connecting factor that it is doubtful whether one can still speak of a single main connecting factor for personal status.
The deceased's last domicile, used as a connecting factor, could have the effect of activating a law with which the succession is only tenuously related: for instance, if the deceased did not have the nationality of the country where he died and if most of his property is in another country.
But there now are so many cases in which nationality has had to give way to habitual residence as the main connecting factor that it is doubtful whether onecan still speak of a single main connecting factor for personal status.
Moreover, it would have to be decided whether the connecting factor chosen should be the same for several civil status situations or whether different factors would be more appropriate depending on each situation.
And it will be necessary to determine whether the selected connecting factor must be the same for all aspects of the matrimonial property regimes covered by the applicable law or whether different criteria should be used for certain aspects of the situation(“dépeçage”)?
Cases in which either the new law orthe old law may apply if the connecting factor changes include: the law of the place in which the movable property is located at the time of the occurrence of the legal fact that generated or extinguished the right(constitution, transmission or termination of real rights);
To prevent any problems that could arise from a change of connecting factor(e.g. the domicile, the place to which the movable property or trust has been transferred, etc.), the rule on applicable lawis customarily used to determine the date on which the connecting factor is identified.