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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]
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 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]
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.
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.
“Emilia Pérez” star and Oscar nominee Karla Sofía Gascón has issued an apology after her social media posts expressing controversial views on Muslims, George Floyd and diversity at the ...
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.