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lex loci contractus

Defined in 5 dictionaries — Case Law, Ballentine's (1916), Bouvier (1914), Black's (1891), Bouvier (1839)

Definitions from Case Law

From 68 U.S. 298 - Miller v. Tiffany · 1863Most cited · 82 citing opinions

The validity of the contract is determined by the law of the place where it is entered into. Whether void or valid there, it is so everywhere.

Show all 3 Supreme Court definitions and how they changed over time 1809–1863

Ballentine's Law Dictionary

James A. Ballentine · 1916

The law of the place of contracting; the law of the place where the contract is to be performed. See 106 U. S. 124, 27 L. Ed. 104, 1 Sup. Ct. Rep. 102.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A Dictionary of Law

Henry Campbell Black · 1891

The law Se of the place of the contract. The local law which governs as to the nature, construction, and validity of a contract.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

contracts. ‘The law of the place where an agreement is made. Generally, the validity of a contract is to be decided by the law of the place where the contract is made; if valid there, it is, in genera], valid eve where. Story, Confl. of Laws § 242, and the cases there cited. And vice versa, if void or illegal there, it is generally void every where. Ib. § 243; 2 Kent, Com. 457. There is an exception to the rule as to the universal validity of contracts. The comity of nations, by virtue of which such contracts derive their force in foreign countries, cannot prevail in cases, where it violates the law of our own country, the law of nature, or the law of God. 2 Barn. & Cresw. 448, 471. Anda further exception may be mentioned, namely, that no nation will regard or enforce the revenue laws of another country. Cas. Temp. 85, 89, 194. Vide 15 Serg. & Rawle, 84; 2 Mass. R. 88; 1 Nott & M‘Cord, 173; 2 Harr. & Johns. 193, 221; 2 N. H. Rep. 42; 5 Id. 401; 2 John. Cas. 355; 5 Pardes. n. 1482; 1 Bac. Ab. 331; 1 Com. Dig. 445, n.; L Supp. to Ves. jr. 270; 3 Ves. 198; 5 Ves. 750.