1. Lex Domicilli is Latin for the term “law of the domicile”.

The lex domicilii is a common law choice

of law rule applied to cases testing the status and capacity of the parties to the case. For
example, suppose that a person domiciled in Malaysia decides to take a "round-the-world" trip.
It would be inconvenient if this person's legal status and capacities changed every time they
changed jurisdiction, e.g. that they might be considered an infant or an adult, married or free to
marry, bankrupt or creditworthy, etc., depending on the nature of the laws of the place where
they happened to be.

2. Lex Fori is Latin for the term “law of the forum”. This is s a legal term used in the conflict of laws
used to refer to the laws of the jurisdiction in which a legal action is brought. When a court
decides that it should, by reason of the principles of conflict of law, resolve a given legal dispute
by reference to the laws of another jurisdiction, the lex causae, the lex fori still govern
procedural matters.

3. Lex Loci is Latin for the term “law of the place”. It is a shorthand version of the choice of law
rules that determine the lex causae (the laws chosen to decide a case).

4. Lex Loci Contractus is Latin for the term “law of the place where the contract was made” or “law
of the place where the contract is to be governed” (place of performance) which may or may
not be the same as that of the place where it was made. It controls the nature, construction,
and validity of the contract and it may pertain to the law voluntarily agreed upon by the parties
or the law intended by them either expressly or implicitly.

5. Lex Loci Rei Sitae is Latin for the term “law of the place where the thing or subject matter is
situated”. This is a choice of law rule applied to identify the lex causae for cases involving title
to, or the possession and use of personal property.

6. Lex Situs is Latin for the term “law of the place where property is situated”. The general rule is
that lands and other immovables are governed by the law of the state where they are situated

7. Lex Loci Actus is Latin for the term “law of the place where the act was done”. This is often
confused with lex loci delicti commissi which is where the tort is committed. While typically they
both point to the same location, in the case of product liability, for example, the lex loci actus
would be the place of manufacturing, while the lex loci delicti commissi would be the place of
injury.

8. Lex Loci Celebrationis is Latin for the term “law of the place of the ceremony” or the “law of the
place where a contract is made”. The lex loci celebrationis is a choice of law rule applied to
cases testing the validity of a marriage. For example, suppose that a person domiciled in
Scotland and a person habitually resident in France, both being of the Islamic faith, go through
 an Islamic marriage ceremony in Pakistan where their respective families originated. This
ceremony is not registered with the Pakistani authorities but they initially establish a
matrimonial home in Karachi. After a year, they return to Europe. For immigration and other
purposes, whether they are now husband and wife would be referred to the law of Pakistan
because that is the most immediately relevant law by which to decide precisely the nature of
the ceremony they went through and the effect of failing to register it.

9. Lex Loci Solutionis is Latin for the term “law of the place of solution” or “the law of the place
where payment or performance of a contract is to be made”. This iss one of the possible choice
of law rules applied to cases testing the validity of a contract and in tort cases.

10. Lex Loci Delicti Commissi is Latin for the term “law of the place where the crime took place”. The
lex loci delicti commissi is one of the possible choice of law rules applied to cases arising from an
alleged tort.

11. Lex Mereatoria is Latin for the term “law of the merchants” or “commercial law”. It is that
system of laws which is adopted by all commercial nations and constitute as part of the law of
the land.

12. Lex Non Scripta is Latin for the term “law not written”. This pertains to the unwritten common
law, which includes general and particular customs and particular local laws.

13. Lex Patriae is Latin for the term “law of the fatherland”. This is a civil law choice of law rule (in
some States, the law of habitual residence is used) to test the status and capacity of the parties
to the case.

14. Renvoi Doctrine originated from the French term “send back” or “to return unopened. This is a
doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer
to a foreign law which in turn, refers the matter back to the law of the forum or a third state.
When reference is made back to the law of the forum, this is said to be “remission” while
reference to a third state is called “transmission.”

15. Nationality Theory states that the status and capacity of an individual are generally governed by
the law of his nationality. This is principally adopted in the Republic of the Philippines as
embodied in Article 15 of the Civil Code. That’s why a divorce decree issued by a foreign court
involving Philippine nationals is not recognized in our country since divorce is against our public
policy and Philippine nationals are governed by Philippine laws.

16. Domiciliary Theory states that in general, the status, condition, rights, obligations, & capacity of
a person should be governed by the law of his domicile.
17. Long Arm Statutes are a tool which gives a court jurisdiction over a person even though the
person no longer resides in the territory limits of the court. Each court is bound to a territorial
jurisdiction and does not normally have jurisdiction over persons that reside outside of that
jurisdiction. For example, a court in Scotland would not normally have jurisdiction over a
resident of Ireland.

18. Theory of Comity suggests that comity is the recognition which one nation allows within its
territory , to the legislative, executive or judicial acts of another nation, having due regard for
both international duty and convenience and to the right of its own citizens, of other persons
who are under the protection of its laws. The application of foreign legal systems in cases
involving foreign element is proper, otherwise, the non-application would constitute a disregard
of foreign sovereignty or lack of comity towards other States.

19. Theory of Vested Rights states that Courts enforce no the foreign law or foreign judgment but
the right/s vested under such law or judgment. Thus, rights acquired in one country must be
recognized and legally protected in other countries. The forum will not apply the foreign law but
will simply recognize the right vested by said law.

20. Theory of Local Law involves the appropriation of a foreign rule by the State of the forum and
transforming it into a domestic rule. A foreign law is applied because our own law, by applying a
similar rule, requires us to do so, as if the foreign law has become part of our own domestic law.

21. Theory of Harmony of Laws states that identical or similar problems should be given identical or
similar solutions, thus resulting in harmony of laws. The application of the same of similar
solution prevents the bad practice of forum shopping.

22. Theory of Justice states that choice of law should be determined by considerations of justice and
social expediency and should not be the result of mechanical application of the rule or principle.
Foreign law should not be applied when its application would work undeniable justice to the
citizens or residents of the forum. A law or judgment or contract that is obviously unjust negates
the fundamental principle of conflict of laws.