FACTOID # 176: Nauru is the world's smallest independent republic.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

FACTS & STATISTICS    Simple view

  1. Select countries to view: (hold down Control key and click to select several)

     

     

    Compare:

     

     

  1. Select fact or statistic: (* = graphable)

     

     

     

  2. (OPTIONAL) Compare to statistic: (both need to be graphable)

     

     

     

  3. View result as:

     

       
(OR) SEARCH ALL encyclopedia, stats & forums:   

Encyclopedia > Lex loci celebrationis

The lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" in the Conflict of Laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied. Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... Public law is the area of the law governing the relationship between individuals (citizens, companies) and the state. ... 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. ...


Explanation

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. But if there are "foreign" elements to the case, the forum court may be obliged under the Conflict of Laws system to consider: A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School...

  • whether the forum court has jurisdiction to hear the case (see the problem of forum shopping);
  • it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and
  • then apply the choice of law rules to decide which law is to be applied to each class.

The lex loci celebrationis is a choice of law rule applied to cases testing the validity of a marriage. For example, suppose that a person domiciled in Scotland and a person habitually resident in France, both being of the Islamic faith, go through an Islamic marriage ceremony in Pakistan where their respective families originated. This ceremony is not registered with the Pakistani authorities but they initially establish a matrimonial home in Karachi. After a year, they return to Europe. For immigration and other purposes, the question as to whether they are now husband and wife would be referred to the law of Pakistan because that is the most immediately relevant law by which to decide precisely the nature of the ceremony they went through and the effect of failing to register it. If the ceremony was in fact sufficient to create a valid marriage under Pakistani law and there are no public policy issues raised under their personal laws of lex domicilii or habitual residence, and under the lex fori, they will be treated a validly married for all purposes, i.e. it will be an in rem outcome. In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... Forum shopping is the informal name given to the practice of attempting to get a case heard in the court thought most likely to provide a decision favorable to a plaintiff. ... In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ... Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ... 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, 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. ... Transport in Scotland Timeline of Scottish history Caledonia List of not fully sovereign nations Subdivisions of Scotland National parks (Scotland) Traditional music of Scotland Flower of Scotland Wars of Scottish Independence National Trust for Scotland Historic houses in Scotland Castles in Scotland Museums in Scotland Abbeys and priories in Scotland... Islām is described as a dīn, meaning way of life and/or guidance. ... Karachi (كراچى) is the largest city in Pakistan and the capital of the province of Sindh. ... Husband may refer to: the male spouse in a marriage a husband pillow. ... Marriage is a relationship that plays a key role in the definition of many families. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... 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. ...


See also


  Results from FactBites:
 
Maltese laws of Marriage and Private International Law (4117 words)
Other judgments holding the rule of the lex loci celebrationis as the one applicable to the formalities of marriage, were revoked on appeal in preference to the exceptions which upheld the application of the lex domicilii.
In English law, the predominance of the lex loci celebrationis is not disturbed even though the sole object of the parties in celebrating their marriage abroad is to evade some grievous requirement of the lex domicilii.
Subject to the exception established by the lex loci celebrationis rule prior to 1975, the formal and essential validity as explained are governed by Section 18 of the Marriage Act.
Get (conflict) - Wikipedia, the free encyclopedia (1804 words)
As a form of divorce, the rule might be that the lex loci actus (the law of the place where the transaction took place) should be applied and recognised universally so that the parties would avoid a limping marriage (i.e.
If the characterisation is status/capacity, this will be determined under the lex domicilii (the law of the domicile) in a common law state, and under the lex patriae (the law of the nationality) or habitual residence in a civil law state.
Thus, if the get is effective under the lex loci actus and recognised under the laws relevant to determine status and capacity, it will be recognised so long as the best interests of the children are protected in any orders or agreements made by the parties.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.