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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 ...
Henri Battifol. Les Conflits des Lois en Matière des Contrats: Etude de droit international privé comparé. Recueil Sirey. Paris. 1938. Adrian Briggs. "Contracts". The Conflict of Laws. Second Edition. Oxford University Press. 2008. Chapter 5. Page 153 et seq. Christopher M V Clarkson and Jonathan Hill. "Contractual obligations". The Conflict ...
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 exceptional circumstances, the lex loci delicti rule is displaced in favour of another law, if the "factors relating to the parties" or "any of the events which constitute the tort" show that this other law will be substantially more appropriate. Suppose that an English employer sends an employee on a business-related journey to Arcadia.
Similarly, picking the lex loci solutionis, i.e. the law of the place where the contract is to be performed, may prove to be equally irrelevant, assuming that there is only one place where performance is to occur: in the example, there is manufacture in Greece, delivery to Belgium, loading in Belgium, carriage on the high seas, and unloading in ...
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