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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 ...
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.
Under the English common law, however, if a proxy marriage is valid under the law of the place where the marriage was celebrated (the lex loci celebrationis) then it will be recognised as valid in England and Wales. [1] [2]
As to marriage, both formal and common law, the general rule is the lex loci celebrationis determines its validity, i.e. the law of the place where the marriage is celebrated, unless the purpose of the marriage offends a public policy of the domicile/nationality/habitual residence state.
As to transnational recognition, it will be difficult to disturb the validity of the marriage if no complaint of coercion was made around the time the ceremony was performed in the lex loci celebrationis or immediately the parties entered the state where proceedings were commenced. It would be more usual to use the local divorce system to ...
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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.