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Legal Definitions - secundum legem domicilii, vel loci contractus
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Definition of secundum legem domicilii, vel loci contractus
Definition: According to the law of the domicile or of the place where the contract was entered into. See LEX LOCI CONTRACTUS.
Lex loci contractus: The law of the place where a contract is executed or to be performed. Lex loci contractus is often the proper law by which to decide contractual disputes.
Example: If a person from New York enters into a contract with a person from California, the law that will govern the contract will be either the law of New York or California, depending on where the contract was entered into or where it is to be performed.
This means that if there is a dispute between the parties, the court will apply the law of the state that was chosen in the contract. This is important because different states may have different laws regarding contracts, and applying the wrong law could result in an unfair outcome.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Simple Definition
Secundum legem domicilii, vel loci contractus is a Latin term that means "according to the law of the domicile or of the place where the contract was entered into." This term is used in legal cases to determine which law should be applied to a contract dispute. The law of the place where a contract is executed or to be performed is called lex loci contractus. This law controls the nature, construction, and validity of the contract. It is important to follow these laws to ensure that citizens of different countries can safely contract and carry on commerce in the territories of another.
The law is a jealous mistress, and requires a long and constant courtship.
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