The first provides that the law applicable to a security interest in these intangibles is that of the State protecting the relevant IP right (the
lex loci protectionis approach).
Ultimately, the archaic
lex loci deliciti rule was abandoned for most maritime tort purposes in Lauritzen v.
With regard to choice of law, Plaintiff submits that this Court has established that
lex loci delicti is the choice of law rule for tort claims.
At around the same time that the rule of
lex loci delicti was eroding in torts cases, the rule of
lex loci contractus (22)--dealing with contracts cases--was undergoing similar changes.
(98) Before 1985, it was exclusively governed by the common law choice-of-law rules, which generally subject the formal validity of a marriage to the law of the place in which the marriage was celebrated (
lex loci celebrationis), (99) and the essential (or material) validity to the parties' personal law.
On further appeal, the Federal Court of Justice held that under the
lex loci protectionis the German resale right is applicable if at least a part of the resale transaction takes place in Germany.
Most national courts have applied the
lex loci protectionis to
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.
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.
Jackson, (2) which rejected the
lex loci delicti in matters of tort in favour of application of the law of the state with the greatest interest in the particular issue raised by the case.
