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Article 11 covers the situation where two persons physically present in the same state make a contract, and both parties have capacity under the lex loci contractus. One party cannot invoke incapacity under another law unless the other party was aware of this incapacity at the time the contract was made or was not aware of the incapacity as a ...
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 ...
Lex causae; Lex fori; Forum shopping; Lis alibi pendens; Connecting factors; Domicile; Lex domicilii; Habitual residence; Nationality; Lex patriae; Lex loci arbitri; Lex loci rei sitae; Lex loci contractus; Lex loci delicti commissi; Lex loci actus; Lex loci solutionis; Lex loci protectionis; Proper law; Lex loci celebrationis; Choice of law ...
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 ...
it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or the law of habitual residence (lex domicilii). (See also 'European Harmonization Provisions': "The concept of habitual residence is the civil ...
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 ...
Lex loci arbitri; Lex loci celebrationis; Lex loci contractus; Lex loci delicti commissi; Lex loci protectionis; Lex loci rei sitae; Lex loci solutionis; Lex non scripta;