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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.
The incidental question was the validity of the divorce which was to be determined either by their lex domicilii at the relevant time or by Italian law as the lex loci actus. The judgment seems to suggest that the court decided both questions by reference to the law of Israel as the law governing the main question.
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 ...
In fact, the law of State X is the lex loci contractus and the most appropriate law since everything relevant to the potential tortious liability occurred in that state which has the greatest interest in maintaining consumer confidence in the motor trade. Thus, no matter where A sues B, the forum court should apply the law of State X to resolve ...
For example, in Huber v Steiner (1835) 2 Bing (NC) 202 the court had to consider the nature of a rule of French law which prohibited the bringing of an action on a promissory note (which was governed by French law) after five years. The court held that the rule of French law was procedural rather than substantive, and that as such it did not ...
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.
This will not be a problem so long as the form of the relief is broadly similar to the relief available under the lex causae, i.e. the law selected under the choice of law rules. But forum courts may refuse a remedy in two situations: if the effect of granting the relief sought would offend against the public policy of the forum court;
But if that second state has choice-of-law rules requiring it to apply the forum law, a difference in outcome might arise depending on where the plaintiff invokes jurisdiction. Whether a difference emerges depends on whether the other state operates a single renvoi system. A single-renvoi forum always refers to the other law's choice of law rules.