lex fori


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Lex Fori

[Latin, The law of the forum, or court.] The positive law of the state, nation, or jurisdiction within which a lawsuit is instituted or remedy sought.

The lex fori, or law of the jurisdiction in which relief is pursued, governs all procedural matters as distinguished from substantive rights.

lex fori

in private international law, the law of the court seized of the dispute.

LEX FORI, practice. The law of the court or forum.
     2. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively, by the laws of the place where the action is instituted or as the civilians uniformly express it, according to the lex fori. Story, Confl. of Laws, Sec. 550; 1 Caines' Rep. 402; 3 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 Conn. R. 472; 7 M. R. 214; 1 Bouv. Inst. n. 860.

References in periodicals archive ?
In relation to the proprietary claim, Singapore law was applicable neither because Singapore was the place of enrichment, (152) nor because the question of proprietary consequences was a remedial issue determinable by the lex fori, (153) but because the claim was proprietary in nature.
Here, the word remedial should not mislead one into thinking that the imposition of constructive trusts is a procedural matter to be governed by the lex fori.
One alternative approach is to see characterization as being divided in two stages: the first involving characterization under the lex fori and the second under the lex causae.
This may be taken as implicitly supporting the view that a proprietary remedy for knowing receipt is a remedial issue to be governed by the lex fori.
law of the forum, or the lex fori, the better construction emerges that
violations of international law and forum law, or the lex fori, provides
the conduct-regulating rule under the ATS and forum law, or lex fori,
may submit the preliminary question to the lex fori regardless of what
court, but the arbitrator does not have a lex fori, hence this technique
courts in such situations is that of applying the lex fori.
Thus, it is neither part of the lex fori, nor of the lex
Matters of Equity should not be governed by the lex fori and should attract a choice of law rule reflecting the relevant issue, particularly in matters of restitution (at 59).