Lex causae
Encyclopedia
In the conflict of laws
, 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
.
The term refers to the usage of particular local laws as the basis or "cause" for the ruling, which would itself become part of referenced legal canon.
Conflict of laws regulates all lawsuit
s involving "foreign" law, where the outcome of a legal action will differ based on which laws are applied.
Once the forum court has ruled that it has jurisdiction
to hear the case, it must then decide which of the possible laws are to be applied.
, the prevailing municipal law
. If there are "foreign" elements to the case, the forum court should under the conflict of laws consider whether it should apply one or more foreign laws.
For example, suppose that a woman domiciled
in Scotland
and a person habitually resident in France
, both being of the Islam
ic faith, go through an Islamic form of marriage
in Egypt
while on holiday. This ceremony is not registered with the Egyptian authorities. They establish a matrimonial home in Algeria
where they buy a house in the husband's name. The relationship breaks down and the wife returns to Scotland. When she hears that the husband is proposing to sell the house, she goes to the courts in Scotland. Is this:
Assuming that the three relevant laws (the domicile and the forum is in Scotland) would give different results, the choice of the lex causae assumes major significance (see also incidental question
).
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, lex causae (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
: lex
Lex
-Written law :* Legislation* Statute* Statutory law* Act of Parliament* Act of Congress-Fictional characters:*Lex Luthor, a fictional supervillain in DC Comics*Lex in the TV series The Tribe .* Lex in game Fire Emblem...
+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
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
.
The term refers to the usage of particular local laws as the basis or "cause" for the ruling, which would itself become part of referenced legal canon.
Conflict of laws regulates all lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s involving "foreign" law, where the outcome of a legal action will differ based on which laws are applied.
Once the forum court has ruled that it has jurisdiction
Jurisdiction
Jurisdiction 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 administer justice within a defined area of responsibility...
to hear the case, it must then decide which of the possible laws are to be applied.
Explanation
When the parties and the causes of action are local, the court will apply the lex foriLex fori
Lex fori is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought...
, the prevailing municipal law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. If there are "foreign" elements to the case, the forum court should under the conflict of laws consider whether it should apply one or more foreign laws.
For example, suppose that a woman domiciled
Domicile (law)
In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and a person habitually resident in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, both being of the Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic faith, go through an Islamic form of marriage
Marriage (conflict)
In conflict of laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural and multi-national relationships...
in Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
while on holiday. This ceremony is not registered with the Egyptian authorities. They establish a matrimonial home in Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
where they buy a house in the husband's name. The relationship breaks down and the wife returns to Scotland. When she hears that the husband is proposing to sell the house, she goes to the courts in Scotland. Is this:
- a case involving title to land where the lex situsLex situsThe term lex situs 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...
, the law of the place where the land is situated, will be applied; - a case to decide whether the Egyptian ceremony created a valid marriage under the lex loci celebrationisLex loci celebrationisThe 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 are...
, the law of the place where the marriage was celebrated; - a case to decide whether she has the statusStatus (law)A person's status is a set of social conditions or relationships created and vested in an individual by an act of law rather than by the consensual acts of the parties, and it is in rem, i.e. these conditions must be recognised by the world. It is the qualities of universality and permanence that...
of a wife and so may seek matrimonial relief under the lex domiciliiLex domiciliiThe 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....
, the law of her domicile; or - a case to seek divorce in which case the lex foriLex foriLex fori is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought...
substantive family law will apply?
Assuming that the three relevant laws (the domicile and the forum is in Scotland) would give different results, the choice of the lex causae assumes major significance (see also incidental question
Incidental question
In the Roman conflict of laws, an 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 and will be working through the next two stages of the conflict process,...
).
See also
- Lex foriLex foriLex fori is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought...
- Lex loci celebrationisLex loci celebrationisThe 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 are...
- Lex loci contractusLex loci contractusIn the conflict of laws, the lex loci contractus is the Latin term for "law of the place where the contract is made".-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...
- Lex loci delicti commissiLex loci delicti commissiThe lex loci delicti commissi is the Latin term for "law of the place where the delict [tort] was committed" in the conflict of laws. Conflict of laws is the branch of law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are...
- Lex situsLex situsThe term lex situs 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...
- Privilegium foriPrivilegium foriThe privilegium fori, Latin for "Privilege of the forum", is a generic term for legal privileges to be tried in a particular court or type of court of law....