Explanation
When a case comes before a court and all the main features of the case are local, the court will apply the lex fori, the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider:
- whether the forum court has jurisdiction to hear the case (see the problem of forum shopping);
- it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and
- then apply the choice of law rules to decide the lex causae, i.e. which law is to be applied to each class.
The lex domicilii is a common law choice of law rule applied to cases testing the status and capacity of the parties to the case. For example, suppose that a person domiciled in Malaysia decides to take a "round-the-world" trip. It would be inconvenient if this person's legal status and capacities changed every time they changed jurisdiction, e.g. that they might be considered an infant or an adult, married or free to marry, bankrupt or creditworthy, etc., depending on the nature of the laws of the place where they happened to be. Assuming that there are no public policy issues raised under the relevant lex fori, the domiciliary law should apply to define all major issues and so produce an in rem outcome no matter where the case might be litigated. The civil law states use a test of either lex patriae (the law of nationality) or the law of habitual residence to determine status and capacity.
Read more about this topic: Lex Domicilii
Famous quotes containing the word explanation:
“What causes adolescents to rebel is not the assertion of authority but the arbitrary use of power, with little explanation of the rules and no involvement in decision-making. . . . Involving the adolescent in decisions doesn’t mean that you are giving up your authority. It means acknowledging that the teenager is growing up and has the right to participate in decisions that affect his or her life.”
—Laurence Steinberg (20th century)
“Auden, MacNeice, Day Lewis, I have read them all,
Hoping against hope to hear the authentic call . . .
And know the explanation I must pass is this
MYou cannot light a match on a crumbling wall.”
—Hugh MacDiarmid (1892–1978)
“The explanation of the propensity of the English people to portrait painting is to be found in their relish for a Fact. Let a man do the grandest things, fight the greatest battles, or be distinguished by the most brilliant personal heroism, yet the English people would prefer his portrait to a painting of the great deed. The likeness they can judge of; his existence is a Fact. But the truth of the picture of his deeds they cannot judge of, for they have no imagination.”
—Benjamin Haydon (1786–1846)