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Topic: Lex causae

	Lex fori - Wikipedia, the free encyclopedia
		In Conflict of Laws, the Latin term lex fori literally means the "law of the forum" and it is distinguished from the lex causae which is the law the forum actually applies to resolve the particular case.
		Sovereignty comes into being through a process of recognition by the international community in which a de facto state is formally accepted as a de jure state and so becomes the legitimate government with territorial control over a defined area of land and all the people who reside within its borders.
		Hence, within the precise limits set by the lex fori, local courts may sometimes apply one or more foreign laws as the lex causae if the local politics, public policy and the dictates of justice require it.
	en.wikipedia.org /wiki/Lex_fori (451 words)

	[No title]
		Lex loci delicti commissi is the law of the jurisdiction where the offense was committed.
		Lex loci celebrationis means the law of the jurisdiction in which a marriage was celebrated.
		Lex fori means law of the forum, the law of the jurisdiction where a legal proceeding is commenced and heard.
	www2.law.columbia.edu /course_00S_L9436_001/2005/chin.doc (5419 words)

	[No title]
		The other is that the lex provides, so to speak, a repertoire of rules available to those parties who, expressly or by implication, choose to incorporate them into their dealings, and who, by the same token, choose to detach their contracts from the national law to which they would otherwise be subject.
		One view is that the lex is a constant presence, applicable or not according to the circumstances of the individual transaction.
		But if the lex mercatoria is to assume the role in a world which its proponents claim for it, there must be a clear consensus about what the label actually means; for otherwise there will be a risk of that inconsistency and uncertainty which is fatal to the efficient conduct of commerce.
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=126900 (12661 words)

	Eastern Book Company - Practical Lawyer
		It is for the court seized of the case to determine the lex causae, i.e., which law to be applied and to which aspect of the case.
		Unless the law applicable (lex causae) is identified, the karta cannot be identified; and unless the karta is identified, the lex causae cannot be determined.
		If the lex causae is to be determined on the basis of domicile of majority of the coparceners, one again revolves round in circles, for it is the lex causae which will provide an answer to the number of coparceners in a joint Hindu family.
	www.ebc-india.com /lawyer/articles/2001v1a4.htm (3852 words)

	EUROPA - EJN - Glossary
		The lex causae is a specific concept of private international law and refers to the law governing the substance of the case, designated by the rules of conflict of laws.
		The lex fori is a specific concept of private international law and refers to the law of the court in which the action is brought.
		The lex loci delicti is a specific concept of private international law and refers to the law of the country where, in terms of non-contractual obligations, the harmful event occurred.
	europe.eu.int /comm/justice_home/ejn/glossary/glossary_en.htm (2483 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		Lex fori is the law of the jurisdiction which the action is being brought in.
		If you use the lex fori then the classification of the facts, the law, and the fact that this is not an ordinary domestic case is done by the forum.
		Lex fori allows the forum to characterise, so we get consistency in the application of the exclusionary Held: the NY was not a penal law within the meaning of the forum b/c statutes like this give a civil remedy only to creditors and its not enforceable by the state.
	faculty.law.ubc.ca /cans/300level/325/ConflictsEdingerFall99.doc (20085 words)

	Tolofson v. Jensen; Lucas (Litigation Guardian of) v. Gagnon (Site not responding. Last check: 2007-10-23)
		On the application of the lex loci delicti principle, it is clear that the substantive law applicable in the Tolofson case is that of Saskatchewan.
		Thus, whether or not a litigant must plead a statute of limitation if he or she wishes to rely on it is undoubtedly a matter of procedure for the forum; some rules of court or judicial interpretations of the rules require the pleading of all or certain statutes.
		Since I have already decided that the lex loci delicti should govern, it would be unnecessary to enter into a discussion of the second argument, were it not for the fact that counsel for the respondent took a different view of the effect of Quebec law, in particular having regard to Quebec's new Civil Code.
	www.lexum.umontreal.ca /csc-scc/en/pub/1994/vol3/html/1994scr3_1022.html (16298 words)

	Internet Law & Policy Forum: Bringing law, policy, business and technology together
		If the elements are scattered, the doctrine allows for the law of the place where the injury was incurred to be applied, if the offender should have foreseen that this would occur beyond the frontiers of the country in which he committed the offence.
		Under these circumstances, and given that the fact that the courts may in general have to apply the overriding provisions of a law which is neither the lex fori nor the lex causae adds an element of uncertainty, which would undermine the aims of the regulations, it would seem that this possibility must be removed.
		On this point, it goes without saying that, if the lex causae is the law of the forum or that of another Member State, the national courts will apply the substantive provisions of Community law as being part of that law.
	www.ilpf.org /groups/rome-treaty.htm (11887 words)

	LEGAL PRACTITIONERS ADMISSION BOARD
		Candidates should note that the classification of issues as substantive or procedural is determined by the lex fori: see, eg, Nalpantidis v.
		After a consideration of the process of classification, candidates should note that procedural issues are governed by the lex fori and that substantive issues are governed by the lex causae (eg the proper law of the contract where the issue is the performance or discharge of a contract).
		Manville (1933)) may be relevant to capacity to contract; the lex fori may be relevant to the existence of agreement (see Oceanic Sun Line v.
	www.law.usyd.edu.au /~library/lawx/septex97/conf_c297.htm (646 words)

	House of Lords - Kuwait Airways Corporation v Iraqi Airways Company and Others
		As the title to moveable property is determined by the lex situs, a transfer of property effected by or under foreign legislation in the country where the property is situated will, as a general rule, be treated as effective by English law for all relevant purposes.
		The rule now is that the lex loci delicti is to be applied by courts in Australia as the law governing all questions of substance to be determined in a proceeding arising from an intranational tort: joint judgment, para 102.
		Although the double actionability issue is concerned with the lex loci delicti, the question of title is referred under that law to the lex situs.
	www.parliament.the-stationery-office.co.uk /pa/ld200102/ldjudgmt/jd020516/kuwait-5.htm (3912 words)

	Conflict of Laws
		lex fori theory of conflicts of law - Refuting the vested rightsdoctrine espoused by Beale, Walter W. Cook, in his lex fori theory of conflicts of law, argued against the notion that any right, including a foreign right, can be vested.
		The lex maritima was gradually codified in early maritime law compilations, such as the Rôles of Oléron in the twelfth century, the Consolato del Mare in the fifteenth century and the Laws of Wisby in the sixteenth century.
		Although the common law traditionally viewed most time limitations as procedural and therefore subject to the lex fori (supra), they are increasingly understood as substantive, and thus governed by the law applicable to the underlying contract or tort.
	conflictoflaws.blogspot.com (13798 words)

	CATHOLIC ENCYCLOPEDIA: Ecclesiastical Jurisdiction
		From the beginning of the Christian religion the ecclesiastical judge, i.e.
		the bishop, decided matters of dispute that were purely religious in character (causae mere ecclesiasticae).
		This jurisdiction of the Church was recognized by the civil (imperial) power when it became Christian.
	www.newadvent.org /cathen/08567a.htm (2483 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		A substantial similarity in the legal policies of the lex fori and a lex causae defeats any possible application of the public policy defence.
		Attril (1893) P.C. Watson L.J. The lex fori governs the characterization of a foreign law, not the lex causae.
		The question is whether the incidental question s/b decided according to the private international law of the country whose law governs the main question or according to the private international law of the forum.
	faculty.law.ubc.ca /cans/300level/325/law325april-11-R.doc (17300 words)

	House of Lords - European Union - Written Evidence
		While it does appear that in these matters there is a case for elevating to the pre-eminent position the policy of the forum (cf section 13, 1995 Act), it is axiomatic that whenever the lex fori can be predicted to be the lex causae, particular care will be taken by the claimant in forum selection.
		The applicable law in delict determines what heads of damages are available; as a general guide, any rule which indicates the type of loss for which damages are payable is a rule of substance, referable to the applicable law in delict.
		See per Garland, J in Edmunds v Simmonds [2001] 1 WLR 1003 at p1008 et seq, concluding (though it was scarcely necessary to do so since in Edmunds the lex fori was also the lex causae) that he was not persuaded that the 1995 Act had abrogated the substance/procedure distinction.
	www.parliament.the-stationery-office.co.uk /pa/ld200304/ldselect/ldeucom/66/66we09.htm (3067 words)

	Glossary of Conflict of Laws
		The arbitrators are authorized, as "amiables compositeurs", to disregard legal technicalities and strict constructions which they would be required to apply in their decisions if the arbitration agreement contained no "amiable compositeur" clause.
		The conduct of the trial is purely a question for the lex fori (infra).
		When a list of words with specific meanings is followed and expanded by the addition of general words, the latter are to be restricted in their application to things of the same nature as the preceding specific words.
	www.mcgill.ca /maritimelaw/glossaries/conflictlaws (7242 words)

	EUROPA - EJN - Applicable law - Malta
		English cases where the court has refused to apply the foreign lex causae on the ground of public policy may be divided into four categories.
		The lex loci delicti commissi – this is the law of the place where the tort was committed, and under normal circumstances in tortuous and criminal matters a person is expected to be responsible according to the law of the place where the act was perpetrated.
		The lex fori –this is the law of the country of the court before which the matter has been raised.
	europa.eu.int /comm/justice_home/ejn/applicable_law/applicable_law_mlt_en.htm (6089 words)

	Ship Arrest - Issue 4, April 1998
		In the interests of uniformity and maximum certainty, the lex registrationis must be decisive for the issue not only of priority/ranking but also enforceability against the ship.
		In other words, if the lex causae does not allow creditors to enforce their claims against the ship, they should not be entitled to arrest even if this is allowed under the law of the flag.
		In the vast majority of Dutch arrest cases either the lex registrationis or the lex causae are foreign, and the protection of cargo receivers under bills of lading envisaged by Dutch maritime law has now been considerably narrowed.
	www.maritimeadvocate.com /i4_ship.htm (1789 words)

	Trident Ploughshares - Tokyo District Court, December 7, 1963
		lex causae is the law of the place of the illegal act and where that place lies over two countries, the law of the place of the result of the illegal act applies.
		lex causae in the present case is the law of Japan, the place of the result of the illegal act.
		According to the Japanese law of that day, it is clear that the State assumed responsibility for illegal acts performed by a member of the state organ, and that the member himself was not excused from liability.
	www.tridentploughshares.org /events.php3/IMG/doc/article926 (13910 words)

	Chiara Giovannucci Orlandi
		The purpose of this article is to show that, in interpreting international Conventions, all abstract distinctions between substantive and procedural laws become redundant, if not harmful, especially when the parties turn to the courts for equal enforcement of their contractual rights pursuant to these uniform bodies of rules.
		[22] The question of whether evidence should be governed by the lex fori or the lex causae becomes extremely relevant for the resolution of conflicts of laws in international disputes.
		Furthermore, while the rules on burden of proof in a given country might be linked to the lex causae, this might not be the case in the country where the decision is to be taken.
	www.cisg.law.pace.edu /cisg/biblio/orlandi.html (9468 words)

	OUCLF: articles: M Martin (2002)
		This was briefly explained with the lack of the courts of one state of the power to extraterritorially engage another state’s courts in the course of proceedings before it due to the territorially limited judicial jurisdiction of state courts.
		This always presupposes, however, that the respective lex causae courts actually have concurrent jurisdiction over the relevant dispute; thus, where the forum court is not satisfied that this would be the case, that court would obviously refrain from declining jurisdiction as this would deny justice to the parties.
		Thus, only where these fundamental norms of the lex fori are materially identical with those of the lex causae constitutional law, would the forum courts, via the doctrine of public policy, effectively be able to review the substantive constitutionality of an impugned foreign provision.
	ouclf.iuscomp.org /articles/martin.shtml (9264 words)

	SAARBRÜCKER BIBLIOTHEK (Site not responding. Last check: 2007-10-23)
		A general lex fori-prorogation is incompatible with the principle iura novit curia and renounces the axiom of Savigny’s system that it is the law that rules the cases and not the parties.
		Even with regard to the international law of property[49] the principle of lex rei sitae has been supplemented by special rules for means of transport with or for import goods or for goods passing through a country (res in transitu).
		In German and Swiss private international law this type of norms is called „zwingende Eingriffsnormen“ or „mandatory intervention norms“[56], which the state employs to regulate private relationships in the public common interest pursueing socio-economic tasks, hereby restricting the individual feedom of private persons.
	www.jura.uni-sb.de /projekte/Bibliothek/texte/Martinek1.html (9678 words)

	[No title]
		By the courtesy of nations, whatever law is carried into execution, within the limits of any government, are considered as having the same effect every where, so far as they do not occasion a prejudice to the rights of the other government, or their citizens (comity).
		Lord Baltimore) The k was about property in US(enforced in E b/c consciences of parties are bound Property incidental matter ie to succession or K, etc. Action in rem against foreign ship for damage to foreign immovable property (ie wharf) Duke v.
		Nunez) Debts: priority governed by the lex fori (but leads to forum shopping(should be proper law of the debt) Rennies Car v.
	www.unbf.ca /clubs/lss/course_notes/conflicts_general.doc (2745 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		If the answer to this question is negative, that is, if the law of the domicile of the incapable party is also the lex causae, then the contract is to be considered invalid.
		If the answer is affirmative, that is, if the lex causae is the law of a state other than that of the domicile of the incapable party, the court will ask the second question, namely, whether under the lex causae that party would be considered capable of contracting.
		Because it authorizes the application of whichever of the two laws (the lex domicilii or the lex causae) validates the contract, this Article would seem to favor the former policy too much at the expense of the latter.
	review.law.mercer.edu /old/48211ft.htm (2507 words)

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