Lex fori.
pratik
(Querist) 10 March 2012
This query is : Resolved
pls tell me the meaning of lex fori.
question of mode of proof is a question of - Procedure but has to be raised at the first opportunity & stands waived if not raised at the first opportunity.
Pls tell me with the example or any case law that i can understnad it more.
Thanks
Adv.R.P.Chugh
(Expert) 10 March 2012
Lex Fori - is the law of the place where the dispute is being adjudicated by a court. For eg : Limitation Act is lex fori. example : in a contract entered into between A company of India and X company of England in France. The Substantial Part/The interpretation of the Contract would be governed by the place of contract which is lex loci contractus.
However when they sue on contract in India -the questions whether the claim is time barred would be governed by Indian Limitation Law.
The question of mode of proof - relates to admissibility and is definitely a question of procedure and has to be objected to at earliest stage possible, if not, deemed to have been waived.
For Eg : Objection as regards admitting xerox (secondary evidence) without fulfillment of S.65 IEA. Is a question of mode of proof - and if not contested - is waived.
However if the xerox is being led to prove a fact that is not relevant - it is a question of law - which can be contested at any stage
pratik
(Querist) 10 March 2012
Thanks bharat Chugh Ji
Adv.R.P.Chugh
(Expert) 10 March 2012
Anytime :) Though please read the books for such stuff in future
Nadeem Qureshi
(Expert) 11 March 2012
Dear Querist
it is a academic query,
Lex fori (Latin for the laws of a forum) is 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
