Legal Definitions - secundum legem domicilii, vel loci contractus

Secundum legem domicilii, vel loci contractus is a Latin legal phrase that historically refers to the principle of applying the law of a person's permanent residence (their domicile) or, alternatively, the law of the specific place where a contract was created. This principle was used to determine which jurisdiction's laws should govern a particular legal matter, especially when multiple locations could potentially be involved in a dispute or legal question.

In essence, it provides two primary options for resolving a "conflict of laws" – situations where the laws of more than one place might reasonably apply to a case:

• Secundum legem domicilii: According to the law of the person's domicile (their established, permanent home).
• Vel loci contractus: Or, according to the law of the place where the contract was entered into.

Here are some examples illustrating this concept:

• Example 1 (International Contract Dispute):

  Imagine a software company based in Ireland that enters into a service agreement with a client located in Australia. The contract negotiations take place via video conference, but the final agreement is formally signed by both parties during a business meeting held in London. A dispute later arises regarding the performance of the services.

  How it illustrates the term: If the contract did not specify which country's law should govern, a court might historically look to the principle of secundum legem domicilii, vel loci contractus. It could consider applying the law of Ireland (the software company's domicile), the law of Australia (the client's domicile), or the law of London, UK (the locus contractus, or place where the contract was formally entered into). This phrase highlights the different geographical connections a court might consider when deciding which law applies.

• Example 2 (Inheritance and Personal Status):

  Consider a person who was born in Brazil, lived most of their adult life and established their permanent home (domicile) in Portugal, and then passed away while on an extended vacation in Spain, leaving behind a will. Questions arise about the validity of their will and how their estate should be distributed.

  How it illustrates the term: To determine the proper law governing the inheritance, a court would likely apply the "secundum legem domicilii" aspect of this principle. The law of Portugal, as the deceased's established domicile, would typically be considered to govern the validity of the will and the succession of their movable property, rather than the laws of Brazil (birthplace) or Spain (place of death).

• Example 3 (Real Estate Transaction Across Borders):

  A Canadian citizen, whose permanent residence is in Vancouver, decides to purchase a vacation home located in Mexico. They sign the purchase agreement for the property while visiting a notary in San Diego, California, as part of a cross-border transaction process.

  How it illustrates the term: If a legal issue were to arise concerning the validity or terms of the purchase agreement itself (distinct from the property law of Mexico, which would always govern the land), a court might consider the "secundum legem domicilii, vel loci contractus" principle. It could potentially look to the law of Canada (the buyer's domicile) or the law of California (the locus contractus, where the agreement was formally signed) to interpret the contractual obligations, especially if the contract itself didn't specify a governing law.