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Private International Law > Latin terms > Flashcards

Latin terms Flashcards

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1
Q

Actor sequitur forum rei

A

Plaintiff must sue in the court where the defendant is habitually resident

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2
Q

Comitas (gentium)

A

Civility of nations; to give considerable consideration for a foreign state’s interests

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3
Q

Exceptio litis pendentis

A

An exception to lis pendens

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4
Q

Exequatur

A

Declaration of enforceability of judgements

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5
Q

Fait accompli

A

A fact that has already happened/legal consequences established –> its effects cannot be recalculated in later proceedings

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6
Q

Favor divortii

A

To favour a certain outcome through the conflict rule

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7
Q

Forum actoris

A

Court of the country of the plaintiff

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8
Q

Forum necessitatis

A

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

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9
Q

Forum prorogatum

A

Prorogated jurisdiction/the court agreed on by the parties

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10
Q

Forum rei

A

Court of the country where the defendant is habitually resident

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11
Q

Forum solutionis

A

Courts of the place of performance of a contractual obligation

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12
Q

Forum damni

A

Court of the place where the damage occurred

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13
Q

Forum delicti

A

Courts of the place where the harmful event occurred or may occur

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14
Q

Forum rei sitae

A

Court of the country where the object of the dispute is situated

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15
Q

Fraus legis

A

The act of fraudulently attempting to avoid the application of the law of a certain jurisdiction

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16
Q

Ius sanguinis

A

Right of the blood/acquisition of nationality of the parents

17
Q

Ius soli

A

Right of the soil/acquisition of nationality of the place of birth

18
Q

Lex causae

A

The law chosen/applied by the forum court in making its judgement; the applicable law

19
Q

Lex domicilii

A

Law of the country of domicile

20
Q

Lex fori

A

Law/legal system of the court/jurisdiction; domestic substantive private law/conflict rules

21
Q

Lex loci celebrationis/lex loci contractus celebrati

A

Law of the place where the marriage was concluded

22
Q

Lex loci actus/locus regit actum

A

Law of the place where the act occurred that gave rise to the legal claim

23
Q

Forum non conveniens

A

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

24
Q

Lex loci contractus

A

Law of the place where the contract was made

25
Q

Lex loci delicti (commissi)

A

Law of the place where the delict (tort) was committed

26
Q

Lex loci damni

A

Law of the place where the damage occurred

27
Q

Lex loci destinationis

A

Law of the country of the destination of the shipment

28
Q

Lex loci expeditionis

A

Law of the country of the departure of the shipment

29
Q

Lex patriae

A

Personal law

30
Q

Lex rei sitae

A

Law of the country where the object is situated

31
Q

Lex situs

A

Law of the place where the property is situated

32
Q

Lis pendens

A

A legal action pending before the court

33
Q

Locus sine lege

A

Place without law (e.g., high seas, Antarctica)

34
Q

Lex personalis

A

Personal law

35
Q

Perpetuatio fori/perpetuatio iurisdictionis

A

Jurisdiction, once determines, stays with the court even if determining circumstances change

36
Q

Res in transitu

A

Goods in transit

37
Q

Statuta realia

A

Statuist law referring to immovable property; can only be relied upon inside the territory

38
Q

Statuta personalia

A

Statuist law referring to persons ; may be relied upon outside the territory

39
Q

Statuta mixta

A

Statuist law referring to both persons and immovables; can only be relied on inside the territory

Private International Law (2 decks)

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