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:
“Come and take choice of all my library,
And so beguile thy sorrow.”
—William Shakespeare (1564–1616)
“Blunders are an inescapable feature of war, because choice in military affairs lies generally between the bad and the worse.”
—Allan Massie (b. 1938)
“You can no more bridle passions with logic than you can justify them in the law courts. Passions are facts and not dogmas.”
—Alexander Herzen (1812–1870)
“The five kings count the dead but do not soften
The crusted wound nor stroke the brow;
A hand rules pity as a hand rules heaven;
Hands have no tears to flow.”
—Dylan Thomas (1914–1953)