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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.
Lex loci celebrationis is a Latin term for a legal principle in English common law, roughly translated as "the law of the land (lex loci) where it was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they ...
Lex causae; Lex fori; Forum shopping; Lis alibi pendens; Connecting factors; Domicile; Lex domicilii; Habitual residence; Nationality; Lex patriae; Lex loci arbitri; Lex loci rei sitae; Lex loci contractus; Lex loci delicti commissi; Lex loci actus; Lex loci solutionis; Lex loci protectionis; Proper law; Lex loci celebrationis; Choice of law ...
lex in casu: law in the event: A law that only concerns one particular case. See law of the case. lex lata: the law that has been borne: The law as it is. lex loci: law of the place: lex non scripta: law that has not been written: Unwritten law, or common law: lex orandi, lex credendi: the law of prayer is the law of faith: lex paciferat: the ...
Created Date: 8/30/2012 4:52:52 PM
Courts may look for a provision in the law of the choice of law state that permits the court to use the lex fori, i.e. law of the forum state. For example, suppose State X has a rule that says that if property located in State X is conveyed by a contract entered into in any other state, then the law of that other state will govern the validity ...
If so, the court may be able characterize the claim as a breach of the contract, instead of a tort, and apply the law of the State A either because it was the place where the contract was made (the lex loci contractus) or, if it were the place where the wage or salary was to be paid, where the contract was intended to be performed (the lex loci ...
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.