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Contract (conflict)
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract. History Until the middle of the 19th century, the courts applied the ''lex loci contractus'' or the ''law of the place where the contract was made'' to decide whether the given contract was valid. The apparent advantage of this approach was that the rule was easy to apply with certain and predictable outcomes. Unfortunately, it was also open to abuse, e.g. the place could be selected fraudulently to validate an otherwise invalid contract; it might lead to the application of laws with no real connection with the transaction itself, say, because the parties signed the agreement while on holiday; or it might have been difficult to decide where the contract was made, e.g. because it was negotiated and signed on a railway journey through several states. To avoid these difficulties, some courts proposed applying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Selection Clause
A forum selection clause (sometimes called a dispute resolution clause, choice of court clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. There are three principal types of clause: * that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties; * that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or * the clause might refer to a combination, requiring a specific process to be carried out in a specific location, and if that process fails to resolve the issue, for litigation to be conducted in a particular court. A s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome Convention (contract)
The Convention on the Law Applicable to Contractual Obligations 1980, or the "Rome Convention", is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not harmonise the substance (the actual law). It was signed in Rome, Italy on 19 June 1980 and entered into force in 1991. It has now been replaced by the Rome I Regulation (593/2008) except for in Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice, and the Overseas countries and territories of European Union member states. In that respect, the convention is applicable in Aruba, the Caribbean Netherlands, Curaçao, Sint Maarten (Kingdom of the Netherlands), Faroer (Denmark), Saint-Pierre and Miquelon, Saint Barthélemy, French Polynesia, Wallis and Futuna and New Caledonia (France).for France, see Article 27 The agreement and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dépeçage
In law, ''dépeçage'' is a concept within the field of conflict of laws whereby different issues within a single case are governed by the laws of different jurisdictions. In common law countries, ''dépeçage'' can be used when a single contract provides that different parts of the contract shall be governed by different laws, or in the absence of a contract when a court's own choice-of-law rules cause it to apply different bodies of law to different questions.''In re Air Crash Disaster near Chicago'', 664 F.2d 594, 610-11 (7th Cir. 1981) The concept originated in civil law countries, but has also been adopted in common law countries such as the United Kingdom and Ireland pursuant to the Rome Convention on the law applicable to contractual obligations (Article 3(1)). In practice, it is relatively rare for a contract to have more than one expressly chosen governing law. Two examples of such situations are: * In derivatives transactions governed by International Swaps and Der ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flag
A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design employed, and flags have evolved into a general tool for rudimentary signalling and identification, especially in environments where communication is challenging (such as the maritime environment, where semaphore is used). Many flags fall into groups of similar designs called flag families. The study of flags is known as " vexillology" from the Latin , meaning "flag" or "banner". National flags are patriotic symbols with widely varied interpretations that often include strong military associations because of their original and ongoing use for that purpose. Flags are also used in messaging, advertising, or for decorative purposes. Some military units are called "flags" after their use of flags. A ''flag'' (Arabic: ) is equivalent to a b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Currency
A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general definition is that a currency is a ''system of money'' in common use within a specific environment over time, especially for people in a nation state. Under this definition, the British Pound Sterling (£), euros (€), Japanese yen (¥), and U.S. dollars (US$)) are examples of (government-issued) fiat currencies. Currencies may act as stores of value and be traded between nations in foreign exchange markets, which determine the relative values of the different currencies. Currencies in this sense are either chosen by users or decreed by governments, and each type has limited boundaries of acceptance - i.e. legal tender laws may require a particular unit of account for payments to government agencies. Other definitions of the term "c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Text Formatting
Typesetting is the composition of text by means of arranging physical ''type'' (or ''sort'') in mechanical systems or ''glyphs'' in digital systems representing '' characters'' (letters and other symbols).Dictionary.com Unabridged. Random House, Inc. 23 December 2009Dictionary.reference.com/ref> Stored types are retrieved and ordered according to a language's orthography for visual display. Typesetting requires one or more fonts (which are widely but erroneously confused with and substituted for typefaces). One significant effect of typesetting was that authorship of works could be spotted more easily, making it difficult for copiers who have not gained permission. Pre-digital era Manual typesetting During much of the letterpress era, movable type was composed by hand for each page by workers called compositors. A tray with many dividers, called a case, contained cast metal '' sorts'', each with a single letter or symbol, but backwards (so they would print correctly). Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Language
Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of methods, including spoken, sign, and written language. Many languages, including the most widely-spoken ones, have writing systems that enable sounds or signs to be recorded for later reactivation. Human language is highly variable between cultures and across time. Human languages have the properties of productivity and displacement, and rely on social convention and learning. Estimates of the number of human languages in the world vary between and . Precise estimates depend on an arbitrary distinction (dichotomy) established between languages and dialects. Natural languages are spoken, signed, or both; however, any language can be encoded into secondary media using auditory, visual, or tactile stimuli – for example, writ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Arbitri
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the '' lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the '' lex causae'', the law to be applied to each cause of action. Relevant rules include the following. '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commerci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation (business)
Incorporation is the formation of a new corporation. The corporation may be a business, a nonprofit organization, sports club, or a local government of a new city or town. In the United States Specific incorporation requirements in the United States differ on a state by state basis. However, there are common pieces of information that states require to be included in the certificate of incorporation. *Business purpose *Corporation name *Registered agent *Inc. *Share par value *Number of authorized shares of stock *Directors *Preferred shares *Officers *Legal address A business purpose describes the incorporated tasks a company has to do or provide. The purpose can be general, indicating that the budding company has been formed to carry out "all lawful business" in the region. Alternatively, the purpose can be specific, furnishing a more detailed explanation of the products and/or services to be offered by their company. The chosen name should be followed with a corporate iden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
