Trusts (conflict)
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Trusts (conflict)
The Hague Convention on the Law Applicable to Trusts and on their Recognition, or Hague Trust Convention is a multilateral treaty developed by the Hague Conference on Private International Law on the Law Applicable to Trusts. It concluded on 1 July 1985, entered into force 1 January 1992, and is as of September 2017 ratified by 14 countries. The Convention uses a harmonised definition of a trust, which is the subject of the convention, and sets Conflict rules for resolving problems in the choice of the applicable law. The key provisions of the Convention are: * each party recognises the existence and validity of trusts. However, the Convention only relates to trusts with a written trust instrument. It would not apply trusts which arise (usually in common law jurisdictions) without a written trust instrument. * the Convention sets out the characteristics of trusts under the convention (even jurisdictions with considerable legal history relating to trusts find this difficult) * t ...
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Ministry Of Foreign Affairs (Netherlands)
The Ministry of Foreign Affairs ( nl, link=no, Ministerie van Buitenlandse Zaken; BZ) is the Netherlands' ministry responsible for foreign relations, foreign policy, international development, international trade, diaspora and matters dealing with the European Union, NATO and the Benelux Union. The ministry was created in 1798, as the Department of Foreign Affairs of the Batavian Republic. In 1876, it became the Ministry of Foreign Affairs. The Minister of Foreign Affairs is the head of the ministry and a member of the Cabinet of the Netherlands, the incumbent acting minister is Wopke Hoekstra. The Minister for Foreign Trade and Development Cooperation is a minister without portfolio within the Ministry of Foreign Affairs, its incumbent minister is Liesje Schreinemacher. History The Ministry was formed in 1798 as the Department of Foreign Affairs. Since 1965 a special Minister for International Development has been appointed in each government with the exception of the Firs ...
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Incidental Question
Incidental questions in private international law with respect to the problems and elements discussed below In the Roman conflict of laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has jurisdiction to hear the case (resolving any issue relating to forum shopping) and will be working through the next two stages of the conflict process, namely: characterisation and choice of law. For example, the court may classify the cause as "succession", but it notes that the plaintiff brings the claim for relief as the deceased's widow. Before the court can adjudicate on the main issue, it must first decide whether the plaintiff actually has the status claimed, i.e. the incidental question would be the validity of the claimed marriage. The inconvenient reality is that many lawsuits involve a number of interdependent legal issues. In purely domestic cases, this poses no difficulty ...
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Bearer Bond
A bearer bond is a bond or debt security issued by a business entity such as a corporation or a government. As a bearer instrument, it differs from the more common types of investment securities in that it is unregistered—no records are kept of the owner, or the transactions involving ownership. Whoever physically holds the paper on which the bond is issued is the presumptive owner of the instrument. This is useful for investors who wish to remain anonymous. Recovery of the value of a bearer bond in the event of its loss, theft, or destruction is usually impossible. Some relief is possible in the case of United States public debt. Furthermore, while all bond types state maturity dates and interest rates, bearer bond coupons for interest payments are physically attached to the security and must be submitted to an authorized agent in order to receive payment. Issuance of new bearer bonds has been effectively outlawed in the United States since the 1980s due to their use in il ...
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Bond (finance)
In finance, a bond is a type of security under which the issuer ( debtor) owes the holder ( creditor) a debt, and is obliged – depending on the terms – to repay the principal (i.e. amount borrowed) of the bond at the maturity date as well as interest (called the coupon) over a specified amount of time. The interest is usually payable at fixed intervals: semiannual, annual, and less often at other periods. Thus, a bond is a form of loan or IOU. Bonds provide the borrower with external funds to finance long-term investments or, in the case of government bonds, to finance current expenditure. Bonds and stocks are both securities, but the major difference between the two is that (capital) stockholders have an equity stake in a company (i.e. they are owners), whereas bondholders have a creditor stake in a company (i.e. they are lenders). As creditors, bondholders have priority over stockholders. This means they will be repaid in advance of stockholders, but will rank behind s ...
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Share (finance)
In finance, financial markets, a share is a unit of Equity (finance), equity ownership in the capital stock of a corporation, and can refer to units of mutual funds, limited partnerships, and real estate investment trusts. Share capital refers to all of the shares of an enterprise. The owner of shares in a company is a shareholder (or stockholder) of the corporation. A share is an indivisible unit of capital, expressing the ownership relationship between the company and the shareholder. The denominated value of a share is its face value, and the total of the face value of issued shares represent the capital of a company, which may not reflect the market value of those shares. The income received from the ownership of shares is a dividend. There are different types of shares such as equity shares, preference shares, deferred shares, redeemable shares, bonus shares, right shares, and employee stock option plan shares. Valuation Shares are valued according to the various principle ...
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Chose (English Law)
Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose describes the enforcement right which a party possesses in an object. The use of ''chose'' extends from the English use of French within the courts. In English and commonwealth law, all personal things fall into one of two categories, either choses in action or choses in possession. English law uses a ''chose'' to refer to a bundle of rights, traditionally relating to property which may be utilised in certain circumstances. Thus, a chose in action refers to a bundle of personal rights which can only be enforced or claimed by a chose-holder bringing an action through the court to enforce the action. In English law, this category is enormously wide.WS Holdsworth, ‘The History of the Treatment of Choses in Action by the Common Law’, 33 ''Harvard LR'' 96 This is contrasted with a chose in possession which represents rights w ...
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Lex Situs
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. ''Lex ...
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Connecting Factors
''Connecting...'' is an American television sitcom co-created and co-executive produced by Martin Gero and Brendan Gall for Universal Television. The series premiered on October 8, 2020 on NBC. In November 2020, the series was canceled after four episodes. The remaining episodes were released on NBC.com and Peacock shortly after. Premise Set against the backdrop of the COVID-19 pandemic in the United States, the series follows the lives of a group of friends who try to stay connected via videotelephony as they navigate through the various nuances of life in a lockdown. Cast Main *Otmara Marrero as Annie *Parvesh Cheena as Pradeep *Keith Powell as Garrett *Jill Knox as Michelle *Shakina Nayfack as Ellis *Ely Henry as Rufus * Preacher Lawson as Ben Recurring *Cassie Beck as Jazmin Guest *Constance Marie as Martha Episodes Production On June 26, 2020, it received a straight-to-series order of 8 episodes by NBC. The first star to be cast in the series was Otmara Marrero on J ...
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Succession (conflict)
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (''de cujus'') is separated into two portions. (1) An indefeasible portion, the ''forced estate'' (Germ ''Pflichtteil'', Fr ''réserve'', It, ''legittima'', Sp and Pt ''legítima''), passing to the deceased's next-of-kin (''conjunctissimi''). (2) A discretionary portion, or ''free estate'' (Germ ''frei verfügbare Quote'', Fr ''quotité disponible'', It ''quota disponible'', Sp ''tercio de libre disposición'', Pt ''quota disponível''), to be freely disposed of by will. Forced heirship is generally a feature of civil-law legal systems which do not recognize total freedom of testation, in contrast with common law jurisdictions. Normally in forced heirship, the deceased's estate is in-gathered and wound up without discharging liabilities, which ...
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Child
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below th ...
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Characterisation (conflict)
Characterisation, or characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as ''Characterisation'', or ''classification'' within the English judgments of the European Court of Justice. It is alternatively known as ''qualification'' in French law. It is used to determine the correct choice of law rules based on the circumstances of the case, primarily relating to matters of property. This is to reconcile differences between laws of different legal jurisdictions. The objective of characterisation is to determine the nature of the action brought by the defendant in order to determine what relevant rules of applicable law apply. This may result in applying laws which differ from the ''lex fori''. Additional factors make this determination not necessarily a simple process as the incidental question and renvoi can make determining the initial point of reference difficult. The lea ...
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