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Minute Of Agreement
A Minute of Agreement is a legal procedure available in Scotland. It is a document drawn up between two or more parties in the presence of their solicitors, without the need for formal court action. In its usual format, it will contain numbered paragraphs that record formal but legally binding provisions by which each party has agreed to be bound. If it contains any provision which is enforceable in Scotland, it can be registered in other parts of the United Kingdom for recognition and enforcement. A Minute of Agreement can also be registered for recognition and enforcement in EU Member States or non-EU European Free Trade Association (EFTA) countries. A separate arrangement applies to Gibraltar. A foreign equivalent may also be known as an Authentic Instrument. Enforcement in Scotland A Minute of Agreement can only be enforced in Scotland after it has been registered for preservation and execution in the Books of Council and Session. Registration is governed by Chapter 62 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Member States
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Free Trade Association
The European Free Trade Association (EFTA) is a regional trade organization and free trade area consisting of four List of sovereign states and dependent territories in Europe, European states: Iceland, Liechtenstein, Norway and Switzerland. The organization operates in parallel with the European Union (EU), and all four member states participate in the European Single Market and are part of the Schengen Area. They are not, however, party to the European Union Customs Union. EFTA was historically one of the two dominant western European trade blocs, but is now much smaller and closely associated with its historical competitor, the European Union. It was established on 3 May 1960 to serve as an alternative trade bloc for those European states that were unable or unwilling to join the then European Economic Community (EEC), the main predecessor of the EU. The Stockholm Convention (1960), to establish the EFTA, was signed on 4 January 1960 in the Sweden, Swedish capital by sev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authentic Instrument
A public instrument is any legal instrument (legal document) recorded with and authenticated by a public office or employee. To carry weight, any such instrument, must be genuine and authentic. Public instruments consequently must bear the name, title, and seal of the official that issued them, and should be written in the presence of witnesses who attested to them. A public instrument is generally admissible in evidence without the necessity of preliminary proof of its authenticity and due execution."Sicat vs Ariola Jr : AC 5864 : April 15, 2005 : Per Curiam : En Banc : Resolution", ''Judiciary of the Philippines'', tm retrieved 23 September 2009 In other words, public instruments are self-authenticating document, self-authenticating documentary evidence. A presumption of regularity and validity attaches to public instruments; for the instrument to be rebutted, it must be proven in court to contain a willful material error. Typical types of public instruments include: * State an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maintenance Regulation
The Maintenance Regulation (EC) No 4/2009, formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation amends the Brussels Regulation, which covers jurisdiction in legal disputes of a civil or commercial nature between individuals more broadly. The content of the regulation is strongly aligned with the Hague Maintenance convention and the Hague Maintenance Protocol of 2007. The member states of the European Union originally conclude a convention amongst themselves on maintenance payments, which was signed on 11 June 1990 but never entered into force as it was not ratified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Enforcement Order
The European Enforcement Order (EEO) is a method of enforcing foreign judgments within the European Union without the need of any intermediate proceedings, such as exequatur. The procedure was established by Council Regulation (EC) 805/2004 of 21 April 2004 and came into force on 21 October 2005. Regulation The EEO is applicable only in relation to uncontested claims. Uncontested claims are defined in Article 3 of the regulation as one of the following: # the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or # the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin (where judgment was given or the claim arose); or # after initial objection, the debtor has never appeared or been represented at court, provided that such conduct amounts to a tacit admission of the claim or of the fact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Instrument
A public instrument is any legal instrument (legal document) recorded with and authenticated by a public office or employee. To carry weight, any such instrument, must be genuine and authentic. Public instruments consequently must bear the name, title, and seal of the official that issued them, and should be written in the presence of witnesses who attested to them. A public instrument is generally admissible in evidence without the necessity of preliminary proof of its authenticity and due execution."Sicat vs Ariola Jr : AC 5864 : April 15, 2005 : Per Curiam : En Banc : Resolution", ''Judiciary of the Philippines'', tm retrieved 23 September 2009 In other words, public instruments are self-authenticating document, self-authenticating documentary evidence. A presumption of regularity and validity attaches to public instruments; for the instrument to be rebutted, it must be proven in court to contain a willful material error. Typical types of public instruments include: * State and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
