Latin for Lawyers

LEX LOCI CONTRACTUS

LEX LOCI CONTRACTUS Literally, the place in which a contract is made. In cases involving conflicts of laws, the lex loci contractus generally controls issues of substance and the lex fori controls issues of procedure. See LEX CONTRACTUS; LEX FORI LEX LOCI DELICTI [L. lex + locus + delictum / fault, crime] The place of the wrong. The place where the crime or the tort took place. Also, the place of the last of a series of acts resulting in a tort or crime. In resolving conflicts in substative laws controlling torts, the court would look to the lex loci delicti or the lex delicti . LEX LOCI DOMICILII [L. lex + locus + domicilium / dwelling, residence] The law of the place of domicile, i.e., a person’s principal and permanent legal home or residence. LEX LOCI REI SITAE (LEX SITUS) The law of the place in which the thing is situated. The law of the site of the subject matter, usually with reference to real property. LEX MERCATORIA (LEX MERCHANT) {L. lex + mercator / merchant, wholesaler, shopkeeper] The law of merchants. Now called the Law Merchant, a code or record of international precedents, principles and practices which became recognized by merchants in most trading countries and was enforced in a system of courts outside the regular legal system. Many of the elements of the code were taken into English common law and into our own commercial codes and practices. See MERCANTILE LAW LEX NATURALE The laws of nature. See JUS NATURALE LEX NEMINI FACIT INJURIAM The law never causes injury to anyone. LEX NIL FACIT FRUSTRA The law does not function in vain. LEX NON COGIT AD IMPOSSIBILIA The law never compels the impossible.

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