lex loci delicti

lex loci delicti (commissi)

‘the place of the delict or the place where the delict was committed’, a term of private international law.
References in periodicals archive ?
b) A continuacion, y como se preve en su articulo 4, se aplicara la lex loci delicti commissi, en aquellos supuestos en los que se tratara igualmente del lugar donde se localizara la residencia habitual del perjudicado, la actividad principal del sujeto cuya responsabilidad se alega, o donde la persona danada hubiera adquirido el producto.
The void, if any, was a byproduct of the era's prevailing common law choice of law rule, lex loci delicti.
Desmond once described the rule of lex loci delicti as both "unjust and anomalous" in a nation that is essentially borderless, as it often leads to situations where the place of the accident is a result of merely fortuitous circumstances.
Early authority suggested that 'not justifiable' simply required that the wrong be civilly actionable in the lex loci delicti.
Part I analyzes the relevant historical background and development of the two prevailing choice of law methodologies for tort cases--the traditional rule of lex loci delicti of the First Restatement of Conflict of Laws (16) and the "most significant relationship" rule of the Second Restatement of Conflict of Laws.
With respect to tons, it would seem that in Tolofson, Justice LaForest left the door open to the application of a law other than the lex loci delicti in the case of international torts.
Questions which might be caught up in the application of a flexible exception to a choice of law rule fixing upon the lex loci delicti in practice may often be subsumed in the issues presented on a stay application, including one based on public policy grounds.
17) In 2008, the High Court in the Pfeiffer (18) case held that the lex loci delicti should apply without exception as the governing law for an interstate tort (19) and limitation periods and damages should be considered as substantive matters for this purpose.
Thus, the court observed that under New York law, courts generally follow a lex loci delicti rule, that is they apply the law of the jurisdiction in which the injury occurred (here, Pennsylvania) unless "special circumstances" exist to justify a departure from that rule.
also left room for the creation of exceptions to the general rule of lex loci delicti for torts such as defamation.
The lex loci delicti choice of law test adopted by the High Court in Zhang seems meaningless if the court in the place of the wrong has no jurisdiction to hear the case, and consideration of the renvoi rules in that legal system seems doubly meaningless in such circumstances.