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The lex specialis doctrine, also referred to as generalia specialibus non derogant ("the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). [1]
In contract law, the lex loci contractus is the Law Latin term meaning "law of the place where the contract is made". [ 1 ] [ 2 ] It refers (in the context of conflict of laws ) to resolving contractual disputes among parties of differing jurisdictions by using the law of the jurisdiction in which the contract was created.
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6]
For these purposes, Article 7 defines "mandatory rules" as rules that must be applied whatever the Applicable Law. In deciding whether rules are mandatory in the lex fori or a law with which the contract has a close connection, regard shall be had to their nature and purpose and to the consequences of their application or non-application.
In the end, a compromise emerged where the lex loci delicti was the first point of reference but courts retained a discretion to substitute the lex fori if the foreign law was deemed unfair and other practical considerations pointed to the application of forum law. In the U.S., see the New York decision in Babcock v.
The most common expression of lex talionis is "an eye for an eye", but other interpretations have been given as well. [5] Legal codes following the principle of lex talionis have one thing in common - prescribed 'fitting' counter punishment for a felony. The simplest example is the "eye for an eye" principle.
dura lex sed lex [the] law [is] harsh, but [it is the] law: A shortening of quod quidem perquam durum est, sed ita lex scripta est ("which indeed is extremely harsh, but thus was the law written"). Ulpian, quoted in the Digesta Iustiniani, Roman jurist of the 3rd century AD. [13] dura mater: tough mother: The outer covering of the brain ...
The Licino-Sextian rogations were a series of laws proposed by tribunes of the plebs, Gaius Licinius Stolo and Lucius Sextius Lateranus, enacted around 367 BC. Livy calls them rogatio – though he does refer to them at times as lex – as the plebeian assembly did not at the time have the power to enact leges (laws).