The Concept of Domicile (“Woonplaats”) in Netherlands Private International Law

1. Domicile is “… l'une des notions les plus fuyantes et les plus insaississables de nos systemes juridiques”. Are these words of Lagarde applicable to the notion of domicile as a connecting factor in the Netherlands conflict of laws? The present article sets out to cast some light upon this question. After a survey of the manifestations of domicile, usually referred to in Netherlands private international law as woonplaats or domicilie, as a connecting factor, attention will be paid to the hypothetical usefulness in private international law of the Netherlands Civil Code provisions devoted to woonplaats. Subsequently Netherlands judicial decisions will be reviewed in order to find out which elements – if any – are ascribed by Netherlands courts to the concept of domicile. As a result of this investigation a few distinctions into categories of cases will be made, giving rise to the question whether the meaning of domicile in private international law differs according to the legal question(s) it is intended to serve.