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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 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. Image File history File links Scale_of_justice. ...
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ...
In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ...
In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ...
The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ...
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law. ...
For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ...
In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ...
Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ...
The lex causae is the Latin term for law of the case in the Conflict of Laws. ...
Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...
Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ...
The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ...
In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ...
In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...
In English usage, nationality is the legal relationship between a person and a country. ...
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which...
The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ...
The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ...
The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ...
The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ...
The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ...
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...
The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ...
A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ...
A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ...
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ...
In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ...
In Conflict of Laws, the choice of law rule for tort is the proper law. ...
In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ...
In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ...
In modern society, the role of marriage and its termination through divorce have become political issues. ...
For the religious process, see Get (divorce document) A get or gett (גט) is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din (בית דין), a rabbinical court. ...
In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ...
In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ...
In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ...
In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ...
In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ...
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ...
Most countries with a federal constitution are made up of a number of subnational entities called states or provinces. ...
A province is a territorial unit, almost always a country subdivision. ...
In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...
Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ...
Tort is a legal term that means civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ...
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ...
The sequence of events in conflict cases - Jurisdiction. The court selected by the plaintiff must decide both whether it has the jurisdiction to hear the case and, if it has, whether another forum is more suitable (the forum non conveniens issue relates to the problem of forum shopping) for the disposition of the case. Naturally, a plaintiff with appropriate knowledge and finance will always commence proceedings in the court most likely to give a favourable outcome. This is called forum shopping and whether a court will accept such cases is always determined by the local law.
- Characterization. The court then allocates each aspect of the case as pleaded to its appropriate legal classification. Each such classification has it own choice of law rules but distinguishing between procedural and substantive rules requires care.
- The court then applies the relevant choice of law rules. In a few cases, usually involving Family Law, an incidental question can arise which will complicate this process.
A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ...
Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ...
Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ...
In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ...
In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ...
A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...
In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ...
The choice of law stage The "traditional approach" looks to territorial factors, e.g. the domicile or nationality of the parties, where the components comprising each cause of action occurred, where any relevant assets, whether movable or immovable, are located, etc., and chooses the law or laws that have the greatest connection to the cause(s) of action. Even though this is a very flexible system, there has been some reluctance to apply it and various "escape devices" have developed, which allow courts to apply their local laws (the lex fori) even though the disputed events took place in a different jurisdiction. The parties themselves may plead the case either to avoid invoking a foreign law or to agree the choice of law, assuming that the judge will not of his or her own motion go behind the pleadings. Their motive will be pragmatic. Full-scale conflict cases take longer and cost more to litigate. However, the courts in some states are predisposed to prefer the lex fori wherever possible. This may reflect the belief that the interests of justice will be better served if the judges apply the law with which they are most familiar, or it may reflect a more general parochialism in systems not used to considering extraterritorial principles of law. One of the most common judicial strategies is to skew the characterization process. By determining that a claim is one involving a contract instead of tort, or a question of family law instead of a testamentary issue, the Court can change the choice of law rules. For example, if an employee is hired by an employer in State A, is injured due to the employer's negligence in State B, and files a lawsuit to recover for the injury in State A, the court in State A might look to the employment contract to see if it contained a clause that governed the employer's duty of care with respect to the employee. 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 was the place where the wage or salary was to be paid, where the contract was intended to be performed (the lex loci solutionis). In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
In English usage, nationality is the legal relationship between a person and a country. ...
Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...
The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ...
The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ...
In this context, it is noted that, since the 1960s, the courts in the United States began developing a number of new approaches, as well as new escape devices. This reflects the number of different laws that might be relevant in any given case before an American court. There is significant interstate trade and social mobility, and with the laws of each state of the Union representing a possible opportunity for conflict, it was necessary to produce a coherent system that could be applied in the courts of all fifty states. The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ...
To limit the damage that would result from forum shopping, it is desirable that the same law is applied to achieve the same result no matter where the case is litigated. The system of renvoi, which literally means "send back", is an attempt to achieve that end. In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ...
Traditional approach The traditional approach is based on the idea that the territorial sovereignty of states must be respected. For example, when an event happens in a state that gives rise to a lawsuit - if two parties are involved in an automobile accident, for example - that state in which the accident occurred provides the parties with certain "vested rights". These rights include such things as the ability of a plaintiff to file a lawsuit, the imposition of a statute of limitations to prevent a defendant from being subjected to a lawsuit after too much time has passed, limitations on recovery, and specified burdens of evidence. These so-called vested rights compete with the policy claims of other states for their laws to be applied. What follows is a generalised summary of the rules. The approach in the U.S. is rather different (see Conflict of laws in the U.S.). Sovereignty is the exclusive right to exercise supreme political (e. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ...
Status Status is relevant for a wide array of issues. Self-evidently, unless the proposed litigant has legal personality, there will be no jurisdiction. It will also be relevant to immigration, entitlement to social security and similar benefits, family law, contract, etc. The choice of law rule is the law of the domicile (lex domicilii) if the forum is common law, or law of nationality (lex patriae) or habitual residence if the forum is civil law applies to determine all question of status and its legal attributes. 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. As to corporations, the choice of law rule is the law of incorporation (the lex incorporationis) for all matters of capacity, validity, shareholders' rights, etc. In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In English usage, nationality is the legal relationship between a person and a country. ...
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which...
In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...
Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ...
Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ...
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ...
// Illegitimacy is a term that was once in common use for the status of being born to parents who were not validly married to one another. ...
A corporation (usually known in the United Kingdom and Ireland as a company) is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name...
Incorporation (abbreviated Inc. ...
Contracts For a full explanation, see: contract (conflict) In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ...
The choice of law rules for contracts are more complicated than the law affecting other obligations because they depend on the express or implied intentions of the parties and their personal circumstances. For example, questions as to whether a contract is valid may depend on the capacity of the parties to enter into a contract. This could be decided by reference to the lex domicilii, lex patriae or habitual residence of the parties, or for policy reasons, by reference to the lex loci contractus. But, if the contract was made electronically, where the contract was actually made must first be decided either by the lex fori or the putative proper law depending on the forum rules. There may also be problems if the parties selected the place where the contract was made in the hope of evading the operation of some mandatory provisions in another relevant law. In law, the Doctrine of Evasion is a fundamental public policy. ...
On the other hand, deciding matters relating to performance will usually depend on the lex loci solutionis. Another unique characteristic of contracts is that the parties can decide which law should apply for most purposes, and memorialize that decision into the contract itself (see forum selection clause and choice of law clause) — although not every jurisdiction will enforce such provisions. For the harmonising provisions on contractual obligations in EU law, see the Rome Convention (contract). A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ...
A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ...
In international law, harmonisation refers to the process by which different states adopt the same laws. ...
The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...
In Conflict of Laws, the Rome Convention is the Convention on the Law Applicable to Contractual Obligations and it opened for signature in Rome on 19th June 1980. ...
Tort For a full explanation, see: tort (conflict) In Conflict of Laws, the choice of law rule for tort is the proper law. ...
The presumptive rule for tort is that the proper law applies. This is the law that has the greatest relevance to the issues involved. In public policy terms, this is likely to be the law of the place of the where the key elements of the "wrong" were performed or occurred (the lex loci delicti commissi). The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...
The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ...
Family Law For a full explanation, see: marriage (conflict), nullity (conflict), and divorce (conflict). In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ...
In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ...
In modern society, the role of marriage and its termination through divorce have become political issues. ...
As to marriage, both formal and common law, the general rule is the lex loci celebrationis determines its validly, 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. Hence, some states limit the capacity of their citizens to celebrate a monogamous marriage to a person of the opposite biological sex, or prohibit marriage between degrees of consanguinity, etc. Questions of nullity and divorce straddle Family Law and status because the outcome of the judicial proceedings affects status and capacities, and also overlap with the more general question of when the courts of one state will recognise and enforce the judgments of another state. “Matrimony†redirects here. ...
The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ...
Monogamy is the custom or condition of having only one mate during a period of time. ...
Consanguinity, literally meaning common blood, describes how close a person is related to another in the sense of a family. ...
Annulment is a legal procedure for declaring a marriage null and void. ...
For the record label, see Divorce Records. ...
Property For jja full explanation, see: property (conflict) In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ...
The rule for immovable property (called real property in common law states) is that the lex situs applies to all questions of title. Movable property (called personalty in common law states) claims are governed by the law of the state in which the property is located at the time the rights are supposedly created. An important distinction, however, must be made for a contract which has some incidental effect on property, both immovable and movable, such as a loan with property pledged as a collateral. If the property is incidental to the contract, then the contract is evaluated under traditional choice of law principles for a contract. If, however, the primary purpose of the contract is to transfer the property, then the entire contract will be evaluated under the law of the state where the property is located. The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ...
Trusts and succession For a full explanation, see: trusts (conflict) and succession (conflict) In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ...
In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ...
Where an inter vivos or testamentary trust includes immovables, reference must be made to the lex situs on all aspects relating to title and land use. Similarly, title to movables including choses in action, should be determined by lex situs, i.e. the law of place where each item is located at the time the trust is created. Once created, all questions of administration are governed by the law specified in the trust instrument. In the unlikely event that the instrument is silent, the trust would be governed by the proper law. A living trust (or inter vivos trust) is a type of trust created for the purpose of holding ownership to an individuals assets during the persons lifetime, and for distributing those assets after death. ...
Chose (French for thing), a term used in English law inghjgjgjgg202. ...
All questions of prenuptial trusts and transfers are determined by the law of the transferor's domicile, nationality or habitual residence at the time of the marriage.
All questions relating to wills (and, as an incidental question, any testamentary trusts which the will purports to create), are governed by the law of domicile, nationality or habitual residence at the time of death. Questions of title affecting immovables are determined under the lex situs.
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