Lex loci contractus

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 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 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 in Canada and a person habitually resident in France, make a contract by e-mail. They agree to meet in New York State to record a CD of hip hop music. The possibly relevant choice of law rules would be:
*the lex 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 for offer and acceptance in the several putative lex causae might produce different results);
*the lex loci solutionis might be the most relevant since New York is the most closely connected to the substance of the obligations assumed;
*the proper 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


Wikimedia Foundation. 2010.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • 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 — /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

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”