Lex Loci Solutionis

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 which law is to be applied to each class.

the '' Lex Domicilii '', '' Lex Patriae '' or the law of habitual residence to determine whether the parties had the Capacity to enter into the contract;

the '' Lex Loci Contractus '' which could be difficult to establish since neither party left their own States (reliance on postal rules for Offer And Acceptance in the several putative '' Lex Causae '' might produce different results);

the 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 ; and

the ''lex fori'' which might have Public Policy issues if, say, one of the parties was an Infant .

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	CATEGORIES ABOUT LEX LOCI SOLUTIONIS

	conflict of laws

	latin legal phrases

Information About

Lex Loci Solutionis