Choice of law rules
|a.||The formal validity of a marriage is governed by the law of the place of celebration.|
|b.||Capacity to marry is governed by the law of the parties' domiciles.|
|c.||Succession to movable property is governed by the law of the last domicile of the deceased.|
|d.||Succession to immovable property is governed by the lex situs.|
|e.||Procedure is governed by the lex fori.|
|f.||Contracts are governed (in general) by the law intended by the parties.|
Some issues are governed by more than one system of law, either (i) cumulatively, as: at common law liability for alleged torts committed abroad is governed by both the lex fori (English law) and the law of the place where the event took place; or (ii) alternatively, as: formal validity of contracts is governed by either the law of the place of contracting or by the applicable law.
These rules can all be analysed in the same manner. Thus: 'succession to immovables is governed by the lex situs' falls into two parts: (i) 'succession to immovables' and (ii) 'situs'. '[F]ormal validity of a marriage is governed by the law of the place of celebration' falls into (i) 'formal validity of marriage' and (ii) 'place of celebration'.
The parts as in (i) are sometimes called 'operative facts', but a more accurate name for them is, perhaps, 'legal categories'. They are like pigeon-holes into which the legal issue disclosed by the facts of cases may be placed. The parts as in (ii) are called 'connecting factors', since they connect the legal categories to the applicable law. 11