Lex loci delicti commissi

Conflict of laws and Private international law
Preliminiaries
Characterisation Incidental question Renvoi Choice of law Conflict of laws in the United States Public policy Hague Conference
Definitional elements
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 loci rei sitae (or Lex situs) Lex loci contractus Lex loci delicti commissi Lex loci actus Lex loci solutionis Lex loci protectionis Proper law Lex loci celebrationis Choice of law clause Dépeçage Forum selection clause
Substantive legal areas
Status Capacity Contract Tort Marriage Divorce Property Succession (Forced heirship) Hague Trust Convention
Enforcement
Enforcement of foreign judgments Anti-suit injunctions

The lex loci delicti commissi is the Latin term for "law of the place where the delict [tort] was committed"^[1] in the conflict of laws. Conflict of laws is the branch of law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

The term is often shortened to lex loci delicti.

Explanation

When a case comes before a court and the parties and the causes of action are local, the court will apply the lex fori, the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws to consider the following issues:

It adjudicates whether the forum court has jurisdiction to hear the case (see forum shopping);
It subsequently applies the choice of law rules to decide the lex causae, that is, which law is to be applied to each cause of action.

References

^ http://www.yourdictionary.com/law/lex-loci-delicti

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Lex loci delicti commissi