The same is true where the governing law is selected by the parties or where the custom or course of practice is applied to contractual disputes by a court or an arbitral tribunal, instead of lex fori
or lex arbitri (i.
22 of 7th July 1970: "in the international agreements under the Romanian private international law, applicable as lex fori
, the parties have the ability to establish the law that shall govern their contractual foreign trade relationships"; the arbitration decision no.
In two such cases, priority was given to the common-law over Islamic law, as an effect of the lex fori
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.
If they fail to agree, the regulation establishes a sequence: legislation of their state of residence; failing that, the law of the last country of residence, or the law of the country of origin of one of the spouses, or the lex fori
, that of the state where the matter has been brought before the courts.
A dificuldade em estabelecer qual lei devera ser aplicada nos procedimentos transnacionais de cooperacao juridica e possivel de ser superada atraves da compreensao dos conceitos de lex fori
e lex diligentiae:
The traditional conflict of laws rule that led each national court to apply its own domestic procedural rules as the lex fori
, even when the dispute had a transnational character, was causing problems.
John Westlake, for example, suggested that the solution should be found by reference to the local law under which the tort was committed and cited a dictum repudiating the lex fori
(the law of the jurisdiction where the action was brought) as inapplicable.
may submit the preliminary question to the lex fori
regardless of what
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).
In that case, it is mandatory that the law of the jurisdiction indicated by lex fori
should be competent.
Previously dependent on the laws of the couple's country of residence, bi-national couples (European or international) will now be able to select the law applicable to their divorce - the laws of the state in which the couple has its main residence; the laws of the state in which the couple previously resided, providing that one member of the couple still lives there; the laws of the husband's national state or lex fori
(the laws of the jurisdiction where the action is brought)