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Choice of law information


Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the "proper law." Dépeçage is an issue within choice of law.

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Choice of law

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Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between...

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Choice of law clause

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In contract law, a choice of law clause or proper law clause is a term of a contract in which the parties specify that any dispute arising under the contract...

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Conflict of laws

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compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such...

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Contract

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contracts contain a choice of law clause and a forum selection clause to determine the jurisdiction whose system of contract law will govern the contract...

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Common law

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In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals...

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Lex loci

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In conflict of laws, the term lex loci (Law Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the lex...

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Renvoi

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In conflict of laws, renvoi (from the French, meaning "send back" or "to return unopened") is a subset of the choice of law rules and it may be applied...

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Choice

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A choice is the range of different things from which a being can choose. The arrival at a choice may incorporate motivators and models. Freedom of choice...

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Full Faith and Credit Clause

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present, it is widely agreed that this clause of the Constitution has a minimal impact on a court's choice of law decision provided that no state's sovereignty...

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Hague Conference on Private International Law

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that are not members of HCCH. In 2015, the HCCH adopted its first soft-law instrument, the Hague Principles on the Choice of Law in International Commercial...

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Rome II

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II Regulation, governing choice of law in the European Union in disputes about non-contractual obligations Rome II, part of the Rome process about the...

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Tort

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American choice of laws jurisprudence: Renvoi: Under this approach, courts look for a provision in the law of the choice of the law state that permits...

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The Choice

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Law "The Choice", a track from the soundtrack of the 2015 video game Undertale by Toby Fox The Choice (play), a 1764 play by Arthur Murphy The Choice...

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International law

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International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding...

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Convention on the Law Applicable to Contractual Obligations 1980

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laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not...

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Prenuptial agreement

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interpretation of the agreement and how property is divided at the time of divorce. In the absence of a choice of law clause, it is the law of the place the...

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Arbitration

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restrict the possibility of arbitration for reasons of the protection of weaker members of the public, e.g. consumers. Examples: German law excludes disputes...

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Consideration

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in Wiktionary, the free dictionary. Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts...

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Forum non conveniens

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civil law jurisdictions generally base jurisdiction on the residence of the defendant and on choice of law rules favouring the habitual residence of the...

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