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:
“European society has always been divided into classes in a way that American society never has been. A European writer considers himself to be part of an old and honorable tradition—of intellectual activity, of letters—and his choice of a vocation does not cause him any uneasy wonder as to whether or not it will cost him all his friends. But this tradition does not exist in America.”
—James Baldwin (1924–1987)
“Come and take choice of all my library,
And so beguile thy sorrow.”
—William Shakespeare (1564–1616)
“If one mistreats citizens of foreign countries, one infringes upon one’s duty toward one’s own subjects; for thus one exposes them to the law of retribution.”
—Johann Wolfgang Von Goethe (1749–1832)
“Under the rules of a society that cannot distinguish between profit and profiteering, between money defined as necessity and money defined as luxury, murder is occasionally obligatory and always permissible.”
—Lewis H. Lapham (b. 1935)