Legal Definitions - professio juris

Professio juris is a legal principle that recognizes the right of parties entering into a contract to choose which country's or state's laws will govern their agreement. This is particularly relevant when the individuals or organizations involved are located in different jurisdictions, as it provides clarity and predictability regarding the legal framework that will apply to their contractual relationship.

Here are some examples illustrating professio juris:

• Imagine a software development company based in India that secures a contract to build a custom application for a client in Australia. To ensure consistency and avoid potential conflicts between Indian and Australian law, their contract includes a clause stating, "This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia." By including this provision, both parties are exercising their professio juris, mutually agreeing that Australian law will be the primary legal system for interpreting and enforcing their software development contract.

• Consider an online e-commerce platform headquartered in the United States that sells products to customers globally. To manage the legal complexities of operating across many different countries, the platform's "Terms and Conditions" often contain a clause like, "These Terms shall be governed by the laws of the State of Delaware, USA." This is an example of professio juris, where the platform, as one of the contracting parties, stipulates that Delaware law will apply to all transactions and disputes arising from its service, regardless of where the customer is located.

• Suppose a musician from Canada signs a recording contract with a record label based in the United Kingdom. Given the international nature of their agreement, they might decide to include a clause that reads, "This contract shall be governed by and interpreted under the laws of England and Wales." In this scenario, both the Canadian musician and the UK record label are exercising their professio juris by explicitly choosing English law to be the governing legal system for their recording agreement, providing a clear legal basis for their professional relationship.