Choice of Law Rules
Courts faced with a choice of law issue have a two-stage process:
- the court will apply the law of the forum (lex fori) to all procedural matters (including, self-evidently, the choice of law rules); and
- it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or domicile (lex domicilii) will define legal status and capacity, the law of the state in which land is situated (lex situs) will be applied to determine all questions of title, the law of the place where a transaction physically takes place or of the occurrence that gave rise to the litigation (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.
Read more about this topic: Conflict Of Laws
Famous quotes containing the words choice of, choice, law and/or rules:
“European society has always been divided into classes in a way that American society never has been. A European writer considers himself to be part of an old and honorable tradition—of intellectual activity, of letters—and his choice of a vocation does not cause him any uneasy wonder as to whether or not it will cost him all his friends. But this tradition does not exist in America.”
—James Baldwin (1924–1987)
“...there are important considerations in the world beyond plain sewing and teaching dull little boys the alphabet. Any woman who has brains and willing hands finds twenty remunerative occupations open to her where formerly she would have found merely the inevitable two—plain sewing, or the dull little boys. All she had to do is to make her choice and then buckle on her armor of perseverance, while the world applauds.”
—Clara (Marquise)
“According to the law of nature it is only fair that no one should become richer through damages and injuries suffered by another.”
—Marcus Tullius Cicero (106–43 B.C.)
“There is all the difference in the world between departure from recognised rules by one who has learned to obey them, and neglect of them through want of training or want of skill or want of understanding. Before you can be eccentric you must know where the circle is.”
—Ellen Terry (1847–1928)