Lex loci celebrationis
The lex loci celebrationis is the
Latin term for "law of the place where the marriage is celebrated" in theConflict of Laws . Conflict is the branch ofpublic law regulating alllawsuit s involving a "foreign" law element where a difference in result will occur depending on which laws are applied.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 municipallaw , 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:
*whether the forum court hasjurisdiction to hear the case (see the problem offorum shopping );
*it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and
*then apply thechoice 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 inScotland and a person habitually resident inFrance , both being of theIslam ic faith, go through an Islamic marriage ceremony inPakistan where their respective families originated. This ceremony is not registered with the Pakistani authorities but they initially establish a matrimonial home inKarachi . After a year, they return to Europe. Forimmigration and other purposes, 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.See also
*
Lex causae
*Lex fori
*Lex loci contractus
*Lex loci delicti commissi
*Lex situs
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Lex loci celebrationis — El término latino lex loci celebrationis aplicado al derecho internacional privado quiere decir: ley del lugar donde se celebró el matrimonio . Se utiliza en el derecho internacional privado para determinar qué ley de fondo se aplicará a un caso… … Wikipedia Español
lex loci celebrationis — /leks lowsay selabreyshiyownas/ The law of the place where a contract is made … Black's law dictionary
lex loci celebrationis — The law of the place where the contract or other obligation is solemnized, controlling on questions of form or of formal validity of a contract. Pritchard v Norton (US) 16 Otto 124, 27 L Ed 104, 1 S Ct 102 … Ballentine's law dictionary
lex loci celebrationis — ˌkeləˌbräd.ēˈōnə̇s noun Etymology: New Latin, law of the place of the ceremony : the law of the place where a contract especially of marriage is made … Useful english dictionary
Lex loci — In Conflict of Laws, the term lex loci (Latin for the law of the place )Eugene Ehrich, Amo, Amas, Amat and More , p. 170, ISBN 0 06 272017 1.] is a shorthand version of the choice of law rules that determine the lex causae .The relevant rules are … Wikipedia
Lex loci rei sitae — The lex loci rei sitae (Latin: law of the place where the property is situated) is a doctrine which states that the law governing the transfer of title to property is dependent upon, and varies with, the location of the property for the purposes… … Wikipedia
Lex loci contractus — The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. Starr Printing Co. v. Air Jamaica, 45 F.Supp.2d. 625 (1999 U.S. Dist.). Conflict is the branch of public law regulating all… … Wikipedia
Lex loci solutionis — The lex loci solutionis is the Latin term for law of the place where relevant performance occurs 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… … Wikipedia
Lex loci delicti commissi — The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the conflict of laws. Conflict is the branch of law regulating all lawsuits involving a foreign law element where a difference in result will… … Wikipedia
Lex loci arbitri — The lex loci arbitri is the Latin term for law of the place where arbitration is to take place 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 … Wikipedia
