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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 ...
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lex fori: the law of the country in which an action is brought out lex lata: the carried law The law as it has been enacted. lex loci: the law of the place The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. / ˈ l ɛ k s ˈ l oʊ s ...
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 ...
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]
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 ...
The rule is no longer used in Canadian law and instead the lex loci delicti rule is used. [1] Likewise, the rule no longer forms part of Australian law which also uses the lex loci delicti rule. [2] This rule holds that the applicable law for a tort committed in a foreign place will be the tort law of the foreign place.
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