B. The transaction has both contractual and proprietary elements. Different jurisdictions will characterise the matter in different ways depending on their own laws. As is crucial within the international private law context, it is the responsibility of the adjudicating court to determine the proper law and subsequently apply it. For example, in English law, two separate methods for characterising the cause of action exist. The first, are commercial and civil matters relating to contractual and non-contractual obligations. The Rome Regulations determine choice of law rules in said matters by providing an allocative framework for characterisation. By contrast, the second method is that of the common law rules, applying to matters of property, marriage, and matters which fall outside the Rome Regulations. In Macmillan Inc. v Bishopsgate Investment Trust plc [1996] 1 ALL E R 585, Auld LJ. accepted that "the proper approach is to look beyond the formulation of the claim and to identify according to the lex fori the true issue or issues thrown up by the claim and the defence". In both cases, characterisation depends on determining the applicable law to the set of facts in order to determine the choice of law. This is often done in reference to the lex causae, the "law of the causes". However, the lex causae would, under certain circumstance, be problematic to determine the facts of the case. Decision on law to be applied Although it may appear logical to allow the whole of the lex causae, including its characterisation rules, to apply, it actually produces a circular argument: the lex causae is to apply to the process of characterisation before the process of characterisation has led to the choice of the relevant lex causae. Certain exceptions to the application of the Lex Causae are outlined below. Thus, the conflict rules of the lex fori, the domestic law of the forum, (i.e. the court dealing with the case,) are usually applied even if, in extreme cases, the application of only the substantive provisions of the foreign law by the forum court could produce a judgment that neither the lex causae nor the lex fori would normally have produced. Nevertheless, there are several cases when characterisation is not made by the lex fori: choice of law clause (lex voluntatis), such as those regulated by Article 4 of the Rome II Regulation subsequent characterisation (which is a problem of the lex causae) real