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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 It has now been replaced by the Rome I Regulation (593/2008) except for in Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice, and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 re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private International Law
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 ''c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negotiable Instrument
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. # Consideration is presumed. #The transferee acquires a good title, even though the transferor had a defective or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegitimacy
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications. The importance of legitimacy has decreased substantially in Western countries since the sexual revolution of the 1960s and 1970s and the declining influence of conservative Christian churches in family and social life. Births outside marriage now represent a large majority in many countries of Western Europe and the Americas, as well as in many former European colonies. In many Western-influenced cultures, stigma based on parents' marital status, and use of the word ''bastard'', are now widely considered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child
A child ( : children) is a human Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, ... being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor (law), minor, otherwise known as a person younger than the age of majority. Children generally have fewer Children's rights, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage (conflict)
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another. The choice of law The standard choice of law rules for adjudicating on issues relating to marriage represent a balance between the various public policies of the laws involved: Status and capacity Status and capacity are defined by the personal laws of the parties, namely: * the ''lex domicilii'' or law of the domicile in common law states, and * either the '' lex patriae'' or law of nationality, or law of habitual residence in civil law states). The personal laws will usually define status in rem so that it is recognised wherever the individual may travel subject only to significant public policy limits. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Contractus
In the conflict of laws, the ''lex loci contractus'' is the Latin term for "law of the place where the contract is made".''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. Explanation When a case comes before a court and all the main features of the case are local, the court will apply the '' lex fori'', the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider: * whether the forum court has jurisdiction to hear the case (see the problem of forum shopping); * it must then characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and * then apply the choice of law rules to decide which law is to be applied to each class. The ''lex loci contractus'' is one of the possible choice of law rules applied to cases testing the validity of a contract. For example, suppose that a person domiciled in Canada and a per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person. Definitions According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic persona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capacity (law)
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of '' parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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