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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.
The lex fori determines the domicile, nationality or habitual residence, and applies that law to establish an in rem set of rights and capacities. Thus, under some laws, the status of illegitimate affects the rights of inheritance in the case of an intestacy, etc.
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 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.
lex fori: the law of the country in which an action is brought out lex lata: the carried law The law as it has been enacted. lex loci: the law of the place The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. / ˈ l ɛ k s ˈ l oʊ s ...
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 ...
the lex loci solutionis might be the most relevant since New York is the most closely connected to the substance of the obligations assumed; the proper law; and; the lex fori which might have public policy issues if, say, one of the parties was an infant.
The lex fori determines whether a foreign judgment can be recognised and, if so, how it will be enforced, e.g. what property belonging to the defendant may be taken to satisfy the judgment (see enforcement of foreign judgments). But in the Law of Contract, this is subject to Article 10 of the Rome Convention 1980 which provides that the ...