Türkçe ansiklopedi, sözlük, genel başvuru ve bilgi sitesi   
  		  Yardım
  Rastgele    

Lex Patriae

Conflict of laws
Preliminary matters
Characterisation  · Incidental question
Renvoi  · Choice of law
Conflict of laws in the U.S.
Public policy  · Hague Conference
Definitional elements
State  · Jurisdiction  · Procedure
Forum non conveniens  · Lex causae
Lex fori  · Forum shopping
Lis alibi pendens
Connecting factors
Domicile  · Lex domicilii
Habitual residence
Nationality  · Lex patriae
Lex loci arbitri  · Lex situs
Lex loci contractus
Lex loci delicti commissi  · Lex loci actus
Lex loci solutionis  · Proper law
Lex loci celebrationis
Choice of law clause  · Dpeage
Forum selection clause
Substantive legal areas
Status  · Capacity  · Contract  · Tort
Marriage  · Nullity  · Divorce
Get divorce  · Talaq divorce
Property  · Succession
Trusts
Enforcement
Enforcement of foreign judgments
Mareva injunctions  · Anti-suit injunctions
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which law is selected.

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: The lex patriae is a civil law choice of law rule (in some states, the law of habitual residence is used) to test the status and capacity of the parties to the case. For example, suppose that a person with a nationality in Denmark decides to take a "round-the-world" trip. It would be inconvenient if this person's legal status and capacities changed every time he or she entered a new state, e.g. that he or she 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 he or she happened to be. Assuming that there are no public policy issues raised under the relevant lex fori, the lex patriae should apply to define all major issues and so produce an in rem outcome no matter where the case might be litigated. The common law states use a test of lex domicilii (the law of domicile) to determine status and capacity. Because the lex patriae choice of law rule may select the law of a country that contains more than one legal system, there must be rules to determine which of the several possible laws might apply (e.g. a reference to the law of the United States is actually a reference to one of the U.S. states). A suparanational example of this selection process is contained in Article 19 of the Rome Convention:
States with more than one legal system
  1. Where a State comprises several territorial units each of which has its own rules of law in respect of contractual obligations, each territorial unit shall be considered as a country for the purposes of identifying the law applicable under this Convention.
  2. A State within which different territorial units have their own rules of law in respect of contractual obligations shall not be bound to apply this Convention to conflicts solely between the laws of such units.

See also

Conflict of laws, private international law, international private law, or international law (private), in common law systems, is that branch of international law and intranational interstate law that regulates all lawsuits involving a "foreign" law
..... Click the link for more information.
characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. This process is described in English law as classification and as qualification in French law.
..... Click the link for more information.
incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has jurisdiction to hear the case (resolving any issue relating to forum shopping) and will be working through the next two
..... Click the link for more information.
renvoi (from the French, meaning "send back" or "to return unopened") is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state.
..... Click the link for more information.
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 states, federated states (as in the US), or provinces.
..... Click the link for more information.
Conflict of Laws in the United States have diverged from the traditional rules applied internationally. Choice of law is a procedural stage in the litigation of a case when it is necessary to reconcile the differences between the laws of different states, and in the U.S.
..... Click the link for more information.
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.
..... Click the link for more information.
Hague Conference on Private International Law (or HCCH, for Hague Conference/Conférence de la Haye) is the preeminent organisation in the area of private international law.
..... Click the link for more information.
State is a defined group of people, living within defined territorial boundaries and more or less subject to an autonomous legal system exercising jurisdiction through properly constituted courts.
..... Click the link for more information.
jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
..... Click the link for more information.
procedure as opposed to substance are always determined by the lex fori, i.e. the law of the state in which the case is being litigated.

What issues are procedural?

This is a part of the process called characterisation.
..... Click the link for more information.
Forum non conveniens (Latin for "inconvenient forum" or "inappropriate forum") is a discretionary power of mostly common law courts to refuse to hear a proceeding that has been brought before it.
..... Click the link for more information.
lex causae (Latin: lex+causa, "cause [for the] law") is the law or laws chosen by the forum court from among the relevant legal systems to arrive at its judgement of an international or interjurisdictional case.
..... Click the link for more information.
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.
..... Click the link for more information.
Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment.
..... Click the link for more information.
lis alibi pendens (literally, "dispute elsewhere pending") applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments.
..... Click the link for more information.
domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a person's status, capacity and rights. The international term for this as a connecting retard is the lex domicilii, i.e.
..... Click the link for more information.
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.
..... Click the link for more information.
habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. It matches the common law connecting factor of lex domicilii.
..... Click the link for more information.
Nationality is a relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person, and affords the person the protection of the state.
..... Click the link for more information.
lex loci arbitri is the Latin term for "law of the place where arbitration is to take place" 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
..... Click the link for more information.
lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. For example, property may subject to tax pursuant to the law of the place of the property or by virtue of the domicile of its owner.
..... Click the link for more information.
lex loci contractus is the Latin term for "law of the place where the contract is made" 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
..... Click the link for more information.
lex loci delicti commissi is the Latin term for "law of the place where the tort was committed" 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
..... Click the link for more information.
lex loci actus law of the place where the act occurred that gave rise to the legal claim. This is often confused with lex loci delicti commissi which is where the tort is committed.
..... Click the link for more information.
lex loci solutionis is the Latin term for "law of the place where relevant performance occurs" 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
..... Click the link for more information.
Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws.

Explanation

In a Conflicts lawsuit, one or more state laws will be relevant to the decision-making process.
..... Click the link for more information.
lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" 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
..... Click the link for more information.
choice of law clause or proper law clause in a contract is one in which the parties specify which law (i.e. the law of which state or nation if it only has a single legal system) will be applied to resolve any disputes arising under the contract.
..... Click the link for more information.
forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum.
..... Click the link for more information.


This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free Documentation License.