La nacionalidad y el domicilio como elementos de conexión: estudio de las motivaciones de su preferencia en el derecho internacional privado

Abstract

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