Glossary · Swiss and international law
Habitual residence
Effective centre of a person's interests — operational concept of private international law, distinct from administrative domicile.
Reference : LDIP art. 20
A person’s habitual residence is the State in which they live for a certain period, even if that period is limited from the outset (art. 20 al. 1 let. b PILA).
Unlike domicile (art. 20 al. 1 let. a PILA), which requires the intention to settle durably, habitual residence is a factual concept: where the person sleeps, works, sends their children to school, pays bills. A residence permit alone is not enough; everyday documents (lease, utility bills, school certificates) establish it.
It is the central criterion of nearly every modern international convention: Hague 1980, Brussels IIb, Lugano.