Lex domicilii
| Conflict of laws and private international law |
|---|
| Preliminaries |
| Definitional elements |
| Connecting factors |
| Substantive legal areas |
| Enforcement |
The 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.
When a case comes before a court, if the main features of the case are local, the court will then apply the lex fori, the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping).
The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. Rules on the choice of law decide the lex causae, the law to be applied to each class.
See also