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)
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—Anthony Trollope (1815–1882)
“I sat on cushioned otter-skin:
My word was law from Ith to Emain,
And shook at Invar Amargin
The hearts of the world-troubling seamen,
And drove tumult and war away....”
—William Butler Yeats (1865–1939)
“Neither Aristotelian nor Russellian rules give the exact logic of any expression of ordinary language; for ordinary language has no exact logic.”
—Sir Peter Frederick Strawson (b. 1919)