Lex domicilii

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Conflict of Laws

Preliminary matters
Characterisation · Incidental question
Renvoi · Choice of law
Conflict of Laws in the U.S.
Public policy · Hague Conference
Definitional elements
State · Jurisdiction · Procedure
Forum non conveniens · Lex causae
Lex fori · Forum shopping
Lis alibi pendens
Connecting factors
Domicile · Lex domicilii
Habitual residence
Nationality · Lex patriae
Lex loci arbitri · Lex situs
Lex loci contractus
Lex loci delicti commissi
Lex loci solutionis · Proper law
Lex loci celebrationis
Choice of law clause
Forum selection clause
Substantive legal areas
Status · Capacity · Contract · Tort
Marriage · Nullity · Divorce
Get divorce · Talaq divorce
Property · Succession
Trusts
Enforcement
Enforcement of foreign judgments

The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

Explanation

When a case comes before a court and all the main features of the case are local, the court will apply the lex fori, the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the Conflict of Laws system to consider:

whether the forum court has jurisdiction to hear the case (see the problem of forum shopping);
it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and
then apply the choice of law rules to decide the lex causae, i.e. which law is to be applied to each class.

The lex domicilii is a common law choice of law rule applied to cases testing the status and capacity of the parties to the case. For example, suppose that a person domiciled in Malaysia decides to take a "round-the-world" trip. It would be inconvenient if this person's legal status and capacities changed every time he or she entered a new state, e.g. that he or she might be considered an infant or an adult, married or free to marry, bankrupt or creditworthy, etc., depending on the nature of the laws of the place where he or she happened to be. Assuming that there are no public policy issues raised under the relevant lex fori, the domiciliary law should apply to define all major issues and so produce an in rem outcome no matter where the case might be litigated. The civil law states use a test of either ''lex patriae (the law of nationality) or the law of habitual residence to determine status and capacity.

Lex domicilii

Explanation

See also