LEX CAUSAE under Choice of Law in Conflict With Law | Private International Law |
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 Published On Jul 22, 2021

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In this video Adv. Vanita has discussed about Lex Causae that is as follows :

LEX CAUSAE
In the conflict of laws, lex causae is the law or laws chosen by the forum court from among the relevant legal systems to arrive at its judgement of an international or inter-jurisdictional case. The term refers to the usage of particular local laws as the basis or “cause” for the ruling, which would itself become part of legal system.
Conflict of laws regulates all lawsuits involving “foreign” law, where the outcome of a legal action will differ based on which laws are applied. Once the forum court has ruled that it has jurisdiction to hear the case, it must then decide which of the possible laws are to be applied.

Selection of Lex Causae
This selection will be conditioned by what has aptly noting called a connecting factor i.e., some outstanding fact factor which establishes a natural connection between the factual situation before the court and a particular system of law. The connecting factor varies with the circumstances. If, for instance, a British subject dies intestate, domiciled in France, leaving movables in England and land in Scotland, his movables will be distributed according to the law of France because of his domicile in that country, but Scots law, as being the lex situs, will determine the succession to the land.
Application of Lex Causae
The final step is to decide the dispute in accordance with the chosen law. This task is not always as simple and straight¬ forward as it seems at first sight, for if a foreign law represents the lex causae the exact meaning to be given to the word ‘law’ in the context is often a matter of controversy. It may be clear, for instance, that the movables of a deceased person are to be distributed accordance with French law, but it may not be so clear whether this direction confines the judge to the internal law of France or whether it requires him to consider the French rules of private international law. This problem necessitates an inquiry into the doctrine of renvoi

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