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:
“In this choice of inheritance we have given to our frame of polity the image of a relation in blood; binding up the constitution of our country with our dearest domestic ties; adopting our fundamental laws into the bosom of our family affections; keeping inseparable and cherishing with the warmth of all their combined and mutually reflected charities, our state, our hearths, our sepulchres, and our altars.”
—Edmund Burke (1729–1797)
“Once women begin to question the inevitability of their subordination and to reject the conventions formerly associated with it, they can no longer retreat to the safety of those conventions. The woman who rejects the stereotype of feminine weakness and dependence can no longer find much comfort in the cliché that all men are beasts. She has no choice except to believe, on the contrary, that men are human beings, and she finds it hard to forgive them when they act like animals.”
—Christopher Lasch (b. 1932)
“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of laws, where there is no law, there is no freedom.”
—John Locke (1632–1704)
“Carnal lust rules where there is no love of God.”
—St. Augustine (354–430)