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Lex domicilii

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Title: Lex domicilii  
Author: World Heritage Encyclopedia
Language: English
Subject: Conflict of laws, Characterisation (law), Conflict of divorce laws, Conflict of contract laws, Capacity (law)
Collection: Conflict of Laws, Latin Legal Terms
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Lex domicilii

The lex domicilii is the Latin term for "law of the domicile" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

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.

See also

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