Conflict of Laws and Lex Domicilii

[thelifeofapanca]

Hello everyone!

I am a law student from Sweden and I have a question regarding conflict of laws and the principle Lex domicilii.

Is there a good explanation what a forum needs to consider when applying lex domicilii?

This might be a strange question but appreciate the help!

[Taxing Matters]

Hello everyone!

I am a law student from Sweden and I have a question regarding conflict of laws and the principle Lex domicilii.

Is there a good explanation what a forum needs to consider when applying lex domicilii?

This might be a strange question but appreciate the help!

Conflict of laws is the determination by a court of what jurisdiction’s law will govern the case when the laws of two or more jurisdictions might apply. The problem here is that each jurisdiction has its own set of rules to resolve conflict of laws issues and they vary. The court will look to its own law on conflict of laws to determine which jurisdiction’s law to apply. Once that determination is made, it is then the law of the chosen jurisdiction that is applied to decide the outcome of the case. There is no single international law all nations use for conflict of laws, so without knowing the jurisdiction in which the court is located it is not possible to state what the rules for conflict of laws would be or what considerations are used. Lex domicilii simply refers to the law of the person’s country of domicile. When it is appropriate to use that over some other principle to determine the law to be applied in the case therefore is dependent on the law of jurisdiction in which the court sits. There are some common principles many nations use, however. For example, in a criminal matter, it is pretty much universal that the law which is applied is the law of the state where the alleged criminal act was committed, not the law of the domicile of the defendant (if different).