Concept
Characterisation (law)
Related concepts (5)
Lex loci
In conflict of laws, the term lex loci (Law Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the lex causae (the laws chosen to decide a case). When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the lex fori, the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping).
Evasion (law)
Evasion in law, is a fundamental public policy doctrine, which exists also in the conflict of laws. Although one may legitimately plan affairs to avoid the incidence of obligations or liabilities imposed by the law, but no one may evade the operation of otherwise-mandatory provisions if duties and liabilities have been properly imposed or incurred. It is a standard doctrine in most jurisdictions: in France, it is termed fraude à la loi; in Spain, fraude de ley; in Italy, frode alla legge; in Germany, Gesetzesumgehung.
Lex loci contractus
In contract law, the lex loci contractus is the Law Latin term meaning "law of the place where the contract is made". 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. 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.
Choice of law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the "proper law.
Conflict of laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case.