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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.
The lex loci delicti commissi or lex loci delictus [2] is the Latin term for "law of the place where the delict [tort] was committed" [12] in the conflict of laws. Conflict of laws is the branch of law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.
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 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.
Salus publica suprema lex esto in the Swiss Parliament.. Salus populi suprema lex esto (Latin: "The health [welfare, good, salvation, felicity] of the people should be the supreme law"; "Let the good [or safety] of the people be the supreme [or highest] law"; [1] or "The welfare of the people shall be the supreme law") is a maxim or principle found in Cicero's De Legibus (book III, part III, sub.
Precepts of the lex mercatoria were also kept alive through equity and the admiralty courts in maritime affairs. In the US, traditions of the lex mercatoria prevailed in the general principles and doctrines of commercial jurisprudence. [citation needed] Lord Mansfield was a champion of fusing lex mercatoria with the common law.
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world.
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.