lex loci


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Related to lex loci: Lex loci contractus, Lex loci delicti, Lex loci delicti commissi

lex loci

(ˈləʊsaɪ; -kiː)
n
(Law) the law of the place
[from Latin]
Mentioned in ?
References in classic literature ?
But it is at least problematical, whether an unjust sentence against a foreigner, where the subject of controversy was wholly relative to the lex loci, would not, if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations of a treaty or the general law of nations.
140) In making the determination of whether the presumptive rule of lex loci delicti should be displaced, the Second Restatement lists seven "non-prioritized" factors (hereinafter "section 6 factors") that are relevant to making such a determination (141):
147) Its approach is essentially to test the presumption of lex loci delicti, and if it does not provide the soundest solution, then it should shift to the rule of the jurisdiction that would provide the soundest solution--the state with the most significant interests.
Part I analyzes the relevant historical background and development of the two prevailing choice of law methodologies for tort cases--the traditional rule of lex loci delicti of the First Restatement of Conflict of Laws (16) and the "most significant relationship" rule of the Second Restatement of Conflict of Laws.
While New Jersey adopted the Second Restatement approach, Indiana courts still adhere to the lex loci delicti rule.
Thus, the court observed that under New York law, courts generally follow a lex loci delicti rule, that is they apply the law of the jurisdiction in which the injury occurred (here, Pennsylvania) unless "special circumstances" exist to justify a departure from that rule.
Jackson, (2) which rejected the lex loci delicti in matters of tort in favour of application of the law of the state with the greatest interest in the particular issue raised by the case.
Choice of law rules for the essential validity of marriage in the US also vary by state, but the general rule is lex loci celebrationis, rather than lex domicilii.
The same criticisms, of course, have been made of the lex loci delicti rule, particularly in cross-border situations, and Quebec law notably calls for abandonment of the law of the place of the wrongful act in such cases, where the damage was foreseeable (art.
Nevertheless, in 1903, the Maritime Law Association of the United States (MLAUS)--then a group of leading commercial maritime lawyers--began to propose specific bills to Congress to create federal maritime wrongful death lex loci for use in courts in the United States.
Germany) examines law related to international copyright, looking at the application of the territoriality principle and the lex loci protectionis rule in the US and Europe.