Lex contractus

The law of the place where a contract is made.  The lex contractus would be applied to determine whether the contract was properly formed. Constructions and interpretation of contracts and other matters are determined by reference to the proper law of the contract. Factors that may be relevant to determining the law that must be applied include whether the contract designated a law to govern its interpretation, where acceptance took place and legislative provisions.

For instance, if litigation was commenced in England on a contract made in a state in the United States, the law of England would be the lex fori, and the law of the state in the United States the lex contractus.

It may be the case that the parties intended that the laws of different countries and territories apply to the contractual document; in such a case dépeçage may dictate that those separate rules of law govern separate parts of the contract.

Usage: The court ruled that the contract was formed in England. Accordingly the lex contractus was the laws of England.

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