Lex loci

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(Redirected from
Lex causae
)

In

lex causae (the laws chosen to decide a case).[2]

General principles

When a case comes before a

lex causae, the law to be applied to each cause of action.[3]

Relevant rules include the following.

Lex causae

Lex causae (

legal systems when it judges an international or interjurisdictional case
. It refers to the usage of particular local laws as the basis or "cause" for the ruling, which would itself become part of referenced legal canon.

Conflict of laws regulates all lawsuits involving foreign law if the outcome of a legal action would differ by the laws applied. Once the forum court has ruled that it has jurisdiction to hear the case, it must then decide which possible law is to be applied.

Lex concursus

The lex concursus (or, sometimes, lex fori consursus) is the Latin term for the "law of the place of insolvency proceedings" relating to cross-border insolvency.[4][5] It is also sometimes used more generally in relation to the distribution of a limited fund within the control of the court.[6]

Lex domicilii

The lex domicilii or lex loci domicilii[2] is the Latin term for "law of the domicile" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

Lex fori

Lex fori (Latin: the law of the forum) is a choice of law rule. If applicable, it provides that the law of the jurisdiction or venue in which a legal action is brought applies.[7][2]

When a court decides that it should, by reason of the principles of

lex causae, the lex fori still governs procedural matters.[8]

Lex loci actus

In the

lex loci delicti commissi
which is where the tort is committed. While typically they both point to the same location, in the case of product liability, for example, the lex loci actus would be the place of manufacturing, while the lex loci delicti commissi would be the place of injury.

Lex loci arbitri

The lex loci arbitri is the Latin term for "law of the place where arbitration is to take place" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

When a case comes before a court and all the main features of the case are local, the court will apply the lex fori, the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider:

  • whether the forum court has jurisdiction to hear the case (see the problem of forum shopping);
  • it must then
    characterise
    the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and
  • then apply the choice of law rules to decide which law is to be applied to each class.

The lex loci arbitri is an element in the choice of law rules applied to cases testing the validity of a

lex causae
applied to resolve the dispute between the parties. If there is a tie, the connecting factors which relate to performance will be given a greater weighting.

Lex loci celebrationis

Lex loci celebrationis is a

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 live (reside or are domiciled). The assumption under the common law is that such a marriage, when lawfully and validly celebrated under the relevant law of the land, is also lawful and valid. [citation needed
]

British legal tradition

In the

marriage ceremony, so if a proxy marriage is valid by the law of the place where the marriage was celebrated then it will be recognised in England.[9][10]

Lex loci contractus

Main article: Lex loci contractus

In the conflict of laws, the lex loci contractus is the Latin term for "law of the place where the contract is made".[11][2]

Lex loci delicti commissi

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 term is often shortened to lex loci delicti.

Lex loci protectionis (Schutzlandprinzip)

Lex loci protectionis (Latin: "[the] law of the place where the protection is [claimed]") is a choice of law rule applied to cases concerning the infringement of intellectual property (IP) rights, such as copyrights or patents.

It stipulates that the law applied to such cases is the law of the locus protectionis, that is, the law of the country for which legal protection for the intellectual property is claimed.[13] Consequently, the law of the country where the intellectual property was created or registered is not applied.

Lex loci protectionis is generally accepted as the prevailing choice of law rule for IP rights, at least as concerns the existence, validity, scope and duration of the rights.[13] Article 8 (1) of the European Union's Rome II Regulation codifies it as follows:

The law applicable to a non-contractual obligation arising from an infringement of an intellectual property right shall be the law of the country for which protection is claimed.

Lex loci rei sitae (or Lex situs)

Lex loci rei sitae (Latin for "law of the place where the property is situated"), or simply lex situs,[14] is the doctrine that the law governing the transfer of title to property is dependent upon and varies with the location of the property, for the purposes of the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element if a difference in result will occur, depending on which laws are applied.

Lex loci solutionis

Lex loci solutionis (Latin: "law of the place of performance"), in conflict of laws, is the law applied in the place of an event.

Lex loci solutionis is one of the possible choice of law rules applied to cases that test the validity of a

tort. For example, if a person domiciled in Bolivia and a person habitually resident in Germany make a contract by e-mail and agree to meet in Arizona
to research a book, there would be several possibly-relevant choice of law rules:

Lex patriae

Lex patriae (Latin: law of the fatherland, in modern usage, nationality law), in conflict of laws, is the system of public law applied to a lawsuit if a choice is to be made between two or more laws that would change the outcome.

Locus in quo

Locus in quo means, in British common law, the "scene of the event" [15]

The phrase comes from the Latin language, meaning "The place in which".[16][17][18]

In civil cases, locus in quo refers to "the place where the cause of action arose", that is, the land to which the defendant trespassed.[19] In criminal cases, it may be used to refer to the scene of the crime. It may also be used, more generally, as any place mentioned, that is, the venue or place mentioned.[20][21]

See also

References

  1. ISBN 0-06-272017-1
    .
  2. ^ a b c d e f Black's Law Dictionary abridged Sixth Edition (1991), p. 630.
  3. ^ "Lex Causae Definition". www.duhaime.org. Retrieved 2020-12-20.
  4. ^ "Lex concursus definition". LexisNexis. Retrieved 21 June 2023.
  5. ^ "Lex fori concursus definition". Law Insider. Retrieved 21 June 2023.
  6. ^ Bankers Trust v Todd Shipyards, The Halcyon Isle [1981] AC 221.
  7. JSTOR 797110
    .
  8. ^ Collins, Lawrence (2000). Dicey and Morris on the Conflicts of Laws (13th ed.). London: Sweet & Maxwell. p. 157.
  9. ^ Apt v Apt [1948] P 83; CB (Validity of marriage: proxy marriage) [2008] UKAIT 80.
  10. ISBN 9780199574711
    .
  11. ^ Starr Printing Co. v. Air Jamaica, 45 F.Supp.2d. 625 (1999 U.S. Dist.)
  12. ^ Lex loci delicti.
  13. ^
    ISBN 9780857938978
    .
  14. ^ Lex Loci Rei Sitae Law and Legal Definition.
  15. ^ Clickdocs.com.
  16. ^ Latin phrases site.
  17. ^ Merriam-Webster dictionary.
  18. ^ Answers.com.
  19. ^ Legal phrase web page. (Technically, it was called Trespass quare clausum fregit, "Wherefore he broke the close".)
  20. ^ Infoplease.com.
  21. ^ Bartleby's, citing E. Cobham Brewer, Dictionary of Phrase and Fable (1898).


External links

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