Latin Terms

Front 1

Comitas (gentium):

Back 1

courtesy’/respect  legal base of Statutists for their method. States (mutually) respect the validity of foreign law in their country;

Front 2

Exceptio litis pendentis

Back 2

the exception to the rules of international competence on the ground that the same dispute between the same parties is pending before another court;

Front 3

. Forum conveniens

Back 3

although a court is not competent under international competence rules, it may still have jurisdiction when the case is closely connected to the legal order of the

Front 4

Forum non conveniens

Back 4

court that would have jurisdiction according to general rules is free under the particular circumstances of a case to decide to decline jurisdiction, or at least to order a stay if foreign court appear to be the more appropriate court;

Front 5

. Forum necessitates

Back 5

also general exception to international competence rules. A distinct court which formally has no international competence may declare itself competent if a judicial procedure elsewhere appears to be impossible. (Thus, no competent court or foreign court is accessible because of exceptional circumstances such as war);

Front 6

Forum prorogatum

Back 6

court which had no jurisdiction, but obtains jurisdiction by agreement of the parties;

Front 7

Forum rei:

Back 7

court of the defendant (reus)  e.g. court can base its competence on the domicile or hab. residence etc. of the defendant;

Front 8

Forum solutionis

Back 8

the court of the place of performance of the relevant obligation;

Front 9

Forum rei sitae:

Back 9

the court where the good is situated (res: the thing, object)  court’s competence is based on the place of situation/location of the good;

Front 10

Ius sanguinis:

Back 10

right of the blood’: citizenship determined by having one or both parents who are citizens of a specific nation;

Front 11

Ius soli

Back 11

right of the soil’: citizenship determined by place of birth;

Front 12

Lex causae

Back 12

law of the cause’: the law which is applicable to the case as determined by the conflict rule;

Front 13

lex loci actus

Back 13

law of the place where a legal action takes place. It is the place where the act occurred that gave rise to the legal claim;

Front 14

Lex personalis

Back 14

the law that is applicable to a person; law of the domicile of the person;

Front 15

Lis pendens

Back 15

the same dispute between the same parties is (also) pending before another court/concurrent proceedings;

Front 16

. Locus regit actum

Back 16

the law of the state of the legal act determines its form;

Front 17

Locus sine lege:

Back 17

a place without law, e.g. Antartica, at open sea (not in the territorial areas) etcetera;

Front 18

Perpetuatio fori/perpetuation iurisdictionis

Back 18

the continuation of the jurisdiction of the court despite change in circumstances;

Front 19

. Statuta realia:

Back 19

statutes of immovables, governed by the principle of territoriality;

Front 20

36. Statuta personalia:

Back 20

statutes of personal law, governed by principle of domicile;

Front 21

37. Statuta mixta: ‘

Back 21

mixed’ rules of statutists, governed by principle of territoriality.