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:
“Then did they strive with emulation who should repeat most wise maxims importing the necessity of suspicion in the choice of our friends—such as “mistrust is the mother of security,” with many more to the same effect.... But notwithstanding the esteem which they professed for suspicion, yet did they think proper to veil it under the name of caution.”
—Sarah Fielding (1710–1768)
“Blunders are an inescapable feature of war, because choice in military affairs lies generally between the bad and the worse.”
—Allan Massie (b. 1938)
“And what other great nation has statutes and ordinances as just as this entire law that I am setting before you today? But take care and watch yourselves closely, so as neither to forget the things that your eyes have seen nor to let them slip from your mind all the days of your life; make them known to your children and your children’s children...”
—Bible: Hebrew, Deuteronomy 4:8,9.
“One might get the impression that I recommend a new methodology which replaces induction by counterinduction and uses a multiplicity of theories, metaphysical views, fairy tales, instead of the customary pair theory/observation. This impression would certainly be mistaken. My intention is not to replace one set of general rules by another such set: my intention is rather to convince the reader that all methodologies, even the most obvious ones, have their limits.”
—Paul Feyerabend (1924–1994)