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Trading With The Enemy
Trading with the enemy is a legal term of English origin that is used with a number of related meanings. It refers to: #An offence at common law and under statute #A ground for condemnation of ships in prize proceedings #A ground for illegality and nullity in contractMcNair, Sir Arnold Duncan. Legal Effects of War. Second Edition. Cambridge University Press. 1944. Chapter 7. United Kingdom The statutory offence is now created by section 1 of the Trading with the Enemy Act 1939. See also *Trading with the Enemy Act Trading with the Enemy Act is a stock short title used for legislation in the United Kingdom and the United States relating to trading with the enemy. ''Trading with the Enemy Acts'' is also a generic name for a class of legislation generally pas ... References {{law-term-stub Law of war ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prize (law)
In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of ''prize'' in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, she would be made the subject of a prize case: an ''in rem'' proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of. History and sources of prize law In his book ''The Prize Game'', Donald Petrie writes, "at the outset, prize taking was all smash and grab, like breaking a jeweler's window, but by the fifteenth century a body of guiding rules, the maritime law of nations, had begun to evolve and achieve international recogn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trading With The Enemy Act 1939
The Trading with the Enemy Act 1939 (2 & 3 Geo 6 c 89) is an Act of the Parliament of the United Kingdom which makes it a criminal offence to conduct trade with the enemy in wartime, with a penalty of up to seven years' imprisonment. The bill passed rapidly through Parliament in just two days, from 3 to 5 September 1939, and the Act was passed on 5 September 1939, at the beginning of the Second World War. It is still in force. See also * Trading with the Enemy Act * Trading with the Enemy Act 1914 * ''Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd ''Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd'' 9162 AC 307 is a UK company law case, concerning the concept of "control" and enemy character of a company. It is usually discussed in the context of lifting the corporate v ...'' References External links Hansard House of Lords 1st and 2nd readings3 September 1939 House of Commons 1st reading3 September 1939 House of Commons 2nd readi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trading With The Enemy Act
Trading with the Enemy Act is a stock short title used for legislation in the United Kingdom and the United States relating to trading with the enemy. ''Trading with the Enemy Acts'' is also a generic name for a class of legislation generally passed during or approaching a war that prohibit not just mercantile activities with foreign nationals, but also acts that might assist the enemy. While originally limited to wartime, in the 20th century these Acts were applied in cases of national emergency as well. For example, in 1940, before the United States entry into World War II the president imposed broad prohibitions on the transfer of property in which Norway or Denmark, or any citizen or national of those countries, or any other person aiding those countries, had any interest, with the exception of transfers which were licensed under the regulations of the Department of the Treasury. List France *Continental System, French Napoleonic edict from 1806 to 1814 United Kingdom *The T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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