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| Conflict of laws and private international law |
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| Preliminaries |
| Definitional elements |
| Connecting factors |
| Substantive legal areas |
| Enforcement |
Lex loci solutionis (Latin: "law of the place of performance"), in conflict of laws, is the law applied in the place of an event.
Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets and ultimately from the Phoenician alphabet.
Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them. Conflict of laws especially affects private international law, but may also affect domestic legal disputes e.g. determination of which state law applies in the United States, or where a contract makes incompatible reference to more than one legal framework.
If a case comes before a court and all the main features of the case are local, the court will then apply the lex fori , the prevailing municipal law, to decide the case. If there are foreign elements to the case, the forum court may then be obliged under the conflict of laws system to consider whether the forum court has jurisdiction to hear the case (see forum shopping).
Lex fori is a legal term used in the conflict of laws to refer to the laws of the jurisdiction in which a legal action is brought. When a court decides that it should, by reason of the principles of conflict of law, resolve a given legal dispute by reference to the laws of another jurisdiction, the lex causae, the lex fori still govern procedural matters.
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, or local law. While the state may regard them as distinct categories of law, international law is largely uninterested in the distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law.
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
It then characterises the issues and allocate the factual basis of the case to its relevant legal classes. It then applies choice of law rules to decide the law to be applied to each class.
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states, or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the "proper law." Dépeçage is an issue within choice of law.
Lex loci solutionis is one of the possible choice of law rules applied to cases that test the validity of a contract or that deal with a tort. For example, if a person domiciled in Bolivia and a person habitually resident in Germany make a contract by e-mail and agree to meet in Arizona to research a book, there would be several possibly-relevant choice of law rules:
In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after he has left it, if he has maintained sufficient links with that jurisdiction or has not displayed an intention to leave permanently.
Bolivia, officially the Plurinational State of Bolivia is a landlocked country located in western-central South America. The capital is Sucre while the seat of government and financial center is located in La Paz. The largest city and principal industrial center is Santa Cruz de la Sierra, located on the Llanos Orientales a mostly flat region in the east of Bolivia.
Germany, officially the Federal Republic of Germany, is a country in Central and Western Europe, lying between the Baltic and North Seas to the north, and the Alps to the south. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, France to the southwest, and Luxembourg, Belgium and the Netherlands to the west.
- the lex domicilii , lex patriae or the law of habitual residence to determine whether the parties had the capacity to enter into the contract;
- lex loci contractus , which could be difficult to establish since both parties never left their own state (reliance on postal rules for offer and acceptance in the several putative lex causae might produce different results)
- lex loci solutionis might be the most relevant since Arizona is the most closely connected to the substance of the obligations assumed
- the proper law
- lex fori, which might have public policy issues if one of the parties is a minor.
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.
Lex patriae, in conflict of laws, is the system of public law applied to a lawsuit if a choice is to be made between two or more laws that would change the outcome.
The capacity of natural and juridical persons in general, determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Capacity is an aspect of status and both are defined by a person's personal law:
