Lex situs

The law of the place where an object is located. The lex situs governs litigation relating to succession, title and rights of possession to immoveable objects, such as land and the validity of trusts pertaining to immoveable objects.  The application of the law in this way is a recognition of territorial sovereignty in the application of principles of public international law.

For instance, if legal proceedings were commenced in England in respect to land located in the United States, the laws of the United States would be the lex situs, and the laws of England the lex fori.

The Brussels I Regulation addresses matters of jurisdiction and enforcement of judgments in the European Union. The Regulation fixes exclusive jurisdiction to matters relating to immoveable (i.e. real property). The jurisdiction though is set in respect to in rem rights relating to the real property. In determining disputes, the meaning of in rem may be determined by reference to European law or English law. When land is located in England, the lex situs in litigation will be that of England rather than a foreign country.

Also referred to as the lex loci situs and lex sitae.

[Latin: situation law]

Usage: The lex situs in the litigation was ruled to be the laws of England as the property which was the subject of the dispute was located in England.

Related Words: lex fori; proper law of the contract; jurisdiction clause; conflict of laws; lex causae; lex domicilii; jurisdiction; anti-suit injunctions; lex contractus; lex solutionis; choice of law clause; contract; lex posterior derogate priori; lex scripta; lex non scripta.