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.

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:
*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, 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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Look at other dictionaries:

  • 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

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