Legal Definitions - locus regit actum

locus regit actum

This Latin principle, meaning "the place rules the act," is a rule in international law. It dictates that the legal formalities required for a transaction or act are governed by the laws of the country where that transaction or act took place. In essence, if a document or agreement was properly created and executed according to the formal requirements of the country where it was made, it will generally be considered valid in other countries, even if those other countries have different or stricter formal requirements for similar documents. This principle focuses specifically on the *form* or *procedure* of an act, rather than its underlying content or substance.

• Example 1: Marriage Ceremony

  Imagine an American couple decides to get married while on vacation in Mexico. Mexican law requires a specific civil ceremony performed by a designated official and the signing of a marriage certificate in front of witnesses. The couple follows all these Mexican legal formalities. Upon returning to the United States, their marriage is generally recognized as valid, even if their home state in the U.S. might have different formal requirements, such as a longer waiting period for a marriage license or specific blood tests. The principle of locus regit actum means that because the marriage complied with the formalities of the place where it occurred (Mexico), its formal validity is accepted elsewhere.

• Example 2: Execution of a Will

  Consider a Canadian citizen who owns property in both Canada and France. While residing in France, they decide to draft a new will. French law might require a will to be entirely handwritten by the testator (known as a holographic will) or to be executed in the presence of a notary public. Canadian law, on the other hand, typically allows for typed wills witnessed by two individuals. If the Canadian citizen executes their will in France, strictly adhering to the formal requirements of French law, that will would generally be considered formally valid in Canada, even if its format doesn't perfectly match typical Canadian will formalities. The validity of the will's *form* is determined by the laws of France, the place where it was made.

• Example 3: Formalities of a Business Contract

  A technology company based in Japan enters into a complex licensing agreement with a software developer in Germany. For convenience, the final signing ceremony for the contract takes place at an industry conference in Singapore. Singaporean law for this type of contract requires that it be signed in the presence of a specific type of legal professional and affixed with a corporate seal. Japanese and German law might have different or fewer formal requirements for such agreements. If the contract is formally executed in Singapore, fully complying with Singaporean legal requirements for witnessing and sealing, then under locus regit actum, its formal validity would generally be accepted in both Japan and Germany, even if it didn't meet their specific formal rules. The "place" (Singapore) "rules the act" (the contract's execution formalities).