 In the absence of any such choice by the parties, express or implied, the court simply assign a governing law to the contract.Traditionally this is done on the basis of a presumed intention fictitiously imputed to the parties, but the more modern approach is for the proper law to be determined objectively, with reference to the factual links between the agreement and the various relevant legal systems.In other words, the court selects the legal system “with which the transaction has its closest and most real connection.” Usually this is the law of the country where the contract was made or signed (the "lex loci contractus"), or, when performance is to be tendered in another country, the law of that country (the "lex loci solutionis").