Lex loci solutionis
The lex loci solutionis is the
Latin term for "law of the place where relevant performance occurs" 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 solutionis" is one of the possible choice of law rules applied to cases testing the validity of a contract and in tort cases. For example, suppose that a person domiciled inBolivia and a person habitually resident inGermany , make a contract by e-mail. They agree to meet inArizona to research a book. The possibly relevant choice of law rules would be:
*the "lex domicilii ", "lex patriae " or the 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 putative "lex causae " might produce different results);
*thelex loci solutionis might be the most relevant since Arizona 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.ee also
*
Lex loci celebrationis
*Lex loci delicti commissi
*Lex situs
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Look at other dictionaries:
lex loci solutionis — in private international law, the law of the place where the contract was performed . Collins dictionary of law. W. J. Stewart. 2001 … Law dictionary
lex loci solutionis — /leks lowsay sal(y)uwshiyownas/ The law of the place of solution; the law of the place where payment or performance of a contract is to be made … Black's law dictionary
lex loci solutionis — The law of the place of payment or performance. Pritchard v Norton (US) 16 Otto 124, 27 L Ed 104, 1 S Ct 102 … Ballentine's law dictionary
lex loci solutionis — səˌlütēˈōnə̇s noun Etymology: New Latin : the law of the place of performance of a contract … 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 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
Lex situs — The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. For example, property may subject to tax pursuant to the law of the place of the property or by virtue of the… … Wikipedia
