Lex fori
Lex fori ( Latin for law or law of the court ) is one of the main rules of application of law for international private law . In international private law, the term lex fori denotes the law applicable at the place of the court seised. It is therefore the law that applies at the place of jurisdiction , i.e. the law of the forum state . This right is particularly relevant for questions of procedural law (see international civil procedure law ), but also for some other questions of international private law.
For the qualification of the legal question of a situation with international relevance , ie for the determination of the relevant conflict rule for the situation , the prevailing opinion consistently applies the lex fori for reasons of practicality . For this purpose, the legal question arising from a life situation is assigned to the corresponding legal system term (so-called connecting object ) used in a conflict of law rule . The determination, interpretation and classification of the subject matter are based on the ideas of the substantive law of the forum state. In the IZPR , the lex fori is also used to determine the international jurisdiction of the court in the forum state. In international procedural law, the principle applies that a state court only applies its own (formal) procedural law .
The opposite term is the lex causae . In contrast to the prevailing opinion, this is used instead of the lex fori of a minority opinion in order to find the relevant conflict of law rules through qualification by means of interpretation according to the foreign law which is to be applied.
