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 occur depending on which laws are applied.

The term is often shortened to "lex loci delicti".

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 the lex causae, i.e. which law is to be applied to each class of issue or to the case as a whole.The "lex loci delicti commissi" is one of the possible choice of law rules applied to cases arising from an alleged tort. For example, suppose that a person domiciled in Australia and a person habitually resident in Albania, exchange correspondence by e-mail that is alleged to defame a group of Kurds resident in Turkey. The possibly relevant choice of law rules would be:
*the "lex loci solutionis" might be the most relevant but this might be difficult because three laws might equally apply, i.e. the parties themselves corresponded from two states but the damage was not sustained until the correspondence was published in Turkey;
*the proper law which is the law which has the closest connection with the substance of the wrong alleged to have been committed; and
*the "lex fori" which might have public policy issues if, say, one of the parties was an infant or there was the possibility of multiple jurisdictions having involvement over a world-wide internet issue.

See also

*Lex loci celebrationis
*Lex domicilii
*Lex loci contractus
*Lex situs


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Look at other dictionaries:

  • lex loci delicti (commissi) — the place of the delict or the place where the delict was committed , a term of private international law. In Scotland and many continental countries, this governs the law applicable where a tort or delict has taken place. The law applied is that …   Law dictionary

  • Lex loci delicti commissi — El término latino lex loci delicti commissi quiere decir: la ley del lugar donde se cometió el perjuicio (tort) . En derecho internacional privado se utiliza para determinar que ley de fondo se utilizará ante un conflicto de legislaciones, en… …   Wikipedia Español

  • Lex loci actus — law of the place where the act occurred that gave rise to the legal claim. This is often confused with lex loci delicti commissi which is where the tort is committed. While typically they both point to the same location, in the case of product… …   Wikipedia

  • Lex loci actus — El término latino lex loci actus quiere decir: ley del lugar donde ocurrió el acto que da nacimiento a un derecho. Este término suele confundirse con lex loci delicti commissi que es el lugar donde se cometió el perjuicio (tort). Aunque por lo… …   Wikipedia Español

  • lex loci delictus — /leks lowsay daliktas/ The law of the place where the crime or wrong took place. The lex loci delicti , or place of the wrong , is the state where the last event necessary to make an actor liable for an alleged tort takes place. Sestito v. Knop,… …   Black's law 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 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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