The lex loci contractus is the Latin term for "law of the place where the contract is made" 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 contractus is one of the possible choice of law rules applied to cases testing the validity of a contract. For example, suppose that a person domiciled in Canada and a person habitually resident in France, make a contract by e-mail. They agree to meet in New York State to record a CD of hip hop music. The possibly relevant choice of law rules would be: 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 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, 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. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... Hip hop is a cultural movement that began amongst urban African American youth in New York and has since spread around the world. ...

• the lex domicilii and law of habitual residence to determine whether the parties had the capacity to enter into the contract;
• the lex loci contractus which could be difficult to establish since neither party left their own states (reliance on postal rules for offer and acceptance in the several putative lex causae might produce different results);
• 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 domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... Capacity and incapacity are legal terms that refer to the ability of persons to make certain binding dispositions of their rights, such as entering into contracts, making gifts, or writing a valid will. ... 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. ... Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. ... The lex causae is the Latin term for law of the case 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. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile). ...

See also

• Lex loci arbitri
• Lex loci celebrationis
• Lex loci delicti commissi
• Lex situs