Lex fori in evidence

Dear Ms.SmithSharma,

           In Conflict of Laws, the Latin term lex fori literally means the "law of the forum" and it is distinguished from the lex causae which is the law the forum actually applies to resolve the particular case. Sovereignty comes into being through a process of recognition by the international community in which a de facto state is formally accepted as a de jure state and so becomes the legitimate government with territorial control over a defined area of land and all the people who reside within its borders. One of the most important sovereign powers of any government is to enact laws and to define the extent of their application.

Some laws will apply to all the land and its peoples. Others will be of more limited application. These laws will be applied through different bodies and institutions. Some will be formally constituted as courts. Other bodies will exercise specific functions within quasi-judicial, adminsitrative, religious or other frameworks. When a lawsuit is instituted and the court has accepted that it has jurisdiction, the parties will normally expect the local laws to apply, reflecting a presumption of territoriality ? that each state is sovereign within its own borders and the laws of no other state or international body will apply extraterritorially or supranationally. If foreign laws did apply, the state would be less than sovereign within its own borders. However, as social mobility has increased and the internet encourages people to trade across national boundaries, a need to recognise the relevance and importance of foreign laws to dispute resolution has arisen. Hence, within the precise limits set by the lex fori, local courts may sometimes apply one or more foreign laws as the lex causae if the local politics, public policy and the dictates of justice require it. For a more complete explanation, refer to the pages on characterisation, and choice of law.

Hope you understand now and Thanks for posting such an new concept to learn .

Regards,

Shree.

Hi,

   Mr.Shree,

thanx sir,realy u r genius person.thanx 4 this info.

Mis.Smith Sharma{Lawyer}

Can some instances be given so that the concept may be fully understood?  Supreme Court in one Judgment says that it is not right to always fall back on foriegn law as law in our country has evolved well in the years post independance. At another place it says [ while dealing with a case under tort [for negligence] that foriegn cases are not relevant in situatiuons in India .