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Simple English definitions for legal terms
lex patriae
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A quick definition of lex patriae:
Lex patriae is a Latin term that means the law of one's country. It is the law that governs a person's family matters, like marriage, divorce, and inheritance, regardless of where they go. In some countries, it is based on the law of the person's domicile, while in others, it is based on the law of the individual's nationality. It is important because it ensures that people's personal matters are governed by the most suitable and adequate system of law.
A more thorough explanation:
Definition: Lex patriae is a Latin term that means "national law" or "the law of one's country." It refers to the legal system that governs a person's family matters, regardless of where they go.
Examples: In common-law systems, personal law refers to the law of the person's domicile. For instance, if a person is a citizen of the United States but lives in Canada, their personal law would be the law of the state they last lived in the US. In civil-law systems, it refers to the law of the individual's nationality. For example, if a person is a citizen of France but lives in the United States, their personal law would be French law.
Explanation: The concept of lex patriae is based on the idea that a person's family matters, such as marriage, divorce, and succession, should be governed by the legal system that is most suitable and adequate for the purpose. This means that even if a person moves to a different country, their personal law remains the same. The examples illustrate how personal law can differ depending on the legal system of the country a person is from or lives in.