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, law and/or rules:
“And yet ‘twould seem that what is sung
In happy sadness by the young,
Fate has no choice but to fulfill.”
—Robert Frost (1874–1963)
“Since you were so thankfully confused
By law with someone else, you cannot be
Semantically the same as that young beauty:
It was of her that these two words were used.”
—Philip Larkin (1922–1986)
“For 350 years we have been taught that reading maketh a full man, conference a ready man and writing an exact man. Football’s place is to add a patina of character, a deference to the rules and a respect for authority.”
—Walter Wellesley (Red)