Jurisdiction

refers to the inherent authority of a court to hear a case and to declare a judgment.
Manifestation of sovereignty

The forum refers to the law of the place of occurrence of the last act necessary to complete the cause
of action.

Anzilotti: A foreign rule cannot be applied unless it has been appropriated by the State of the forum
and transformed into a domestic rule

Wheeler: The court of the forum recognizes and enforces a local right and applies its own rules to the
exclusion of all foreign rules but when it is confronted with a CoL case, it does not really apply the rule
that would govern an analogous case purely domestic in character.
But rather, it does so for social reasons and practical convenience takes into account the laws of the
foreign country in question it creates its own local right but fashions it as nearly as possible upon the law
of the country in which the decisive facts have occurred
By treating foreign law not as law but as a fact and considering it along with other facts and giving it
whatever significance it deserves in a particular case, the court adopting the theory is able to take into
account social and economic considerations and the demands of expediency in the case before it.


Caver maintains that the choice of law should not be the result of the automatic operation of
a rule or principle of selection but of a search for a just decision.