Latin terms Flashcards
Actor sequitur forum rei
Plaintiff must sue in the court where the defendant is habitually resident
Comitas (gentium)
Civility of nations; to give considerable consideration for a foreign state’s interests
Exceptio litis pendentis
An exception to lis pendens
Exequatur
Declaration of enforceability of judgements
Fait accompli
A fact that has already happened/legal consequences established –> its effects cannot be recalculated in later proceedings
Favor divortii
To favour a certain outcome through the conflict rule
Forum actoris
Court of the country of the plaintiff
Forum necessitatis
The court having sufficient connection with the dispute, where it is the jurisdiction of last resort and provided that the dispute cannot be brought to a non-MS to which the dispute is closely connected
Forum prorogatum
Prorogated jurisdiction/the court agreed on by the parties
Forum rei
Court of the country where the defendant is habitually resident
Forum solutionis
Courts of the place of performance of a contractual obligation
Forum damni
Court of the place where the damage occurred
Forum delicti
Courts of the place where the harmful event occurred or may occur
Forum rei sitae
Court of the country where the object of the dispute is situated
Fraus legis
The act of fraudulently attempting to avoid the application of the law of a certain jurisdiction
Ius sanguinis
Right of the blood/acquisition of nationality of the parents
Ius soli
Right of the soil/acquisition of nationality of the place of birth
Lex causae
The law chosen/applied by the forum court in making its judgement; the applicable law
Lex domicilii
Law of the country of domicile
Lex fori
Law/legal system of the court/jurisdiction; domestic substantive private law/conflict rules
Lex loci celebrationis/lex loci contractus celebrati
Law of the place where the marriage was concluded
Lex loci actus/locus regit actum
Law of the place where the act occurred that gave rise to the legal claim
Forum non conveniens
A court cannot transfer its jurisdiction to another court where the original court is the most appropriate forum/a court must refuse to take jurisdiction where another is more appropriate
Lex loci contractus
Law of the place where the contract was made
