| 释义 |
‖ lex loci Law.|lɛks ˈləʊsaɪ|
[L.]
The law of the country in which a legal transaction is performed, a tort is committed, or a property is situated; freq. followed by a defining word or phrase.
1832Barnewall & Cresswell Rep. Cases King's Bench X. 905 The decisions of both English and Scotch courts shew that the construction of personal contracts depends on the lex loci contractus. 1836H. Wheaton Elem. Internat. Law I. ii. ii. 173 A necessary consequence of the rule relating to the application of the lex loci rei sitæ. 1848Wharton Law Lexicon 375/1 All the formalities, proofs, or authentications of them [sc. contracts], which are required by the lex loci, are indispensable to their validity everywhere else. 1858J. Westlake Treat. Private Internat. Law iv. 64 The fact of status must be referred to the domicile, but the incapacities attendant on the given status to the lex situs for immovable property, and to the lex loci actus aut contractus for other matters. Ibid. xi. 318 Both the form and the legality, the extrinsic and intrinsic validity, depended on the lex loci celebrationis. Ibid. 335 The lex loci..by which the conduct of married persons is to be regulated,..must always be referred, not to the place where the contract was entered into, but where it subsists for the time. 1896A. V. Dicey Digest Law Eng. i. 66 ‘Lex loci solutionis’ means the law of the country where a contract is to be performed. Ibid. xxvii. 669 It is not necessary that the lex fori and the lex loci delicti should be identical; it is sufficient if they are similar. 1970Internat. & Compar. Law Q. XIX. 26 This at once gives rise to the problem whether it is the lex fori or lex loci which gives the plaintiff this cause of action. |
