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:
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—Walter Pater (1839–1894)
“We human beings do have some genuine freedom of choice and therefore some effective control over our own destinies. I am not a determinist. But I also believe that the decisive choice is seldom the latest choice in the series. More often than not, it will turn out to be some choice made relatively far back in the past.”
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“Villain, thou know’st nor law of God nor man;
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—William Shakespeare (1564–1616)
“There are two great rules in life, the one general and the other particular. The first is that every one can in the end get what he wants if he only tries. This is the general rule. The particular rule is that every individual is more or less of an exception to the general rule.”
—Samuel Butler (1835–1902)