Lex loci contractus
The lex loci contractus is the
Latin term for "law of the place where the contract is made" in theConflict of Laws . Starr Printing Co. v. Air Jamaica, 45 F.Supp.2d. 625 (1999 U.S. Dist.). 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 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 inCanada and a person habitually resident inFrance , make a contract by e-mail. They agree to meet inNew York State to record a CD ofhip hop music . The possibly relevant choice of law rules would be:
*thelex 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 foroffer and acceptance in the several putativelex causae might produce different results);
*thelex loci solutionis might be the most relevant since New York is the most closely connected to the substance of the obligations assumed;
*theproper law ; and
*the "lex fori" which might have public policy issues if, say, one of the parties was an infant.See also
*
Lex loci arbitri
*Lex loci celebrationis
*Lex loci delicti commissi
*Lex situs
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lex loci contractus — lex lo·ci con·trac·tus / lō ˌsī kən trak təs, lō kē kȯn träk tu̇s/ n [New Latin, law of the place of the contract]: the law of the place where a contract was made or to be performed Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
Lex loci contractus — La Lex loci contractus es un locución latina que significa la ley del lugar del contrato , utilizada para referirse a que la ley aplicable para la regulación de un contrato es la del país en el que se ha celebrado. Tiene una gran importancia en… … Wikipedia Español
lex loci contractus — материальное право, действующее в месте подписания договора, не обязательно является правом, которому договор будет подчинен (см. applicable law) … Glossary of international commercial arbitration
lex loci contractus — /leks lowsay kantrasktas/ Used sometimes to denote the law of the place where the contract was made, and at other times to denote the law by which the contract is to be governed (i.e. place of its performance), which may or may not be the same as … Black's law dictionary
lex loci contractus — The law of the place of the contract,–that is, the law of the place where the contract is made. As to the law governing the validity and construction of contracts see 16 Am J2d Confl L §§ 38 et seq … Ballentine's law dictionary
lex loci contractus — kən.ˈtraktəs noun Etymology: New Latin, law of the place of the contract : the law of the place where a contract is made or is to be performed … 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 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
