Provided hereinbelow are some terms and their definition/discussion commonly used in Conflicts of Law:
Lex Domicilii - law of the domicile; in conflicts,
the law of one's domicile applied in the choice of law questions
Lex Fori - law of the forum; that is, the
positive law of the state, country or jurisdiction of whose judicial system of
the court where the suit is brought or remedy is sought is an integral part.
Substantive rights are determined by the law where the action arose (lex
loci) while the procedural rights are governed by the law of the place of
the forum (lex fori)
Lex Loci - law of the place
Lex Loci Contractus - the law of the place where the
contract was made or law of the place where the contract is to be governed
(place of performance) which may or may not be the same as that of the place
where it was made
Lex Loci Rei Sitae - law of the place where the thing or
subject matter is situated; the title to realty or question of real estate law
can be affected only by the law of the place where it is situated
Lex Situs
- law
of the place where property is situated; the general rule is that lands and
other immovables are governed by the law of the state where they are situated
Lex Loci Actus - law of the place where the act was done
Lex Loci Celebrationis - law of the place where the contract
is made
Lex Loci Solutionis - law of the place of solution; the
law of the place where payment or performance of a contract is to be made
Lex Loci Delicti Commissi - law of the place where the crime
took place
Lex Mereatoria - law merchant; commercial law; that
system of laws which is adopted by all commercial nations and constitute as
part of the law of the land; part of common law
Lex Non Scripta - the unwritten common law, which
includes general and particular customs and particular local laws
Lex Patriae - national law
Renvoi Doctrine - doctrine whereby a jural matter is presented which the
conflict of laws rules of the forum refer to a foreign law which in turn,
refers the matter back to the law of the forum or a third state. When reference
is made back to the law of the forum, this is said to be "remission"
while reference to a third state is called "transmission."
Nationality Theory - by
virtue of which the status and capacity of an individual are generally governed
by the law of his nationality. This is
principally adopted in the RP
Domiciliary Theory - in general, the status, condition, rights, obligations,
& capacity of a person should be governed by the law of his domicile.
Long
Arm Statutes -
Statutes allowing the courts to exercise jurisdiction when there are minimum
contacts between the non-resident defendant and the forum.
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