EFL arises when a domestic rule must be preferred over an inconsistent foreign rule. There are three situations where a foreign law may be excluded: 1) foreign revenue, penal, and public laws, 2) foreign expropriatory legislation, and 3) foreign laws repugnant to public policy. Courts will not enforce foreign laws that involve an assertion of sovereign authority by one state in another state's territory, such as claims to recover taxes or enforce confiscation decrees. The situs of the property in question and the state's control over it outside its territory are also considered for foreign expropriatory legislation.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Public international law trendtex case_ State ImmunityManish Kumar
This case is related to the State immunity in Public International Law. This very case enumerates the stand of courts over State Immunity when commercial nature of State is involved.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Public international law trendtex case_ State ImmunityManish Kumar
This case is related to the State immunity in Public International Law. This very case enumerates the stand of courts over State Immunity when commercial nature of State is involved.
Cross-Atlantic Estate Planning: Wealth Transfer Planning and Administration i...Alvaro Aguilar, TEP
NYSBA Panel 4 International Global Conference LATAM US UK materials
The panel will consider the newest challenges for estate planning and trust and estate administration that confront individuals and families with multiple nationalities, immigration and tax statuses and multijurisdictional property holdings and investments, especially those with multiple connections with the UK, the USA, Canada, and other important jurisdictions in Europe and around the globe.
Co-Chairs: Michael W. Galligan, Phillips Nizer LLP, New York, NY
Rachel Roche LL.M. TEP, Roche Legal, UK
Panelists: Frédéric Barriault, LL.M., Fasken Martineau DuMoulin LLP, Canada
William Smit, Amicorp Limited, London, UK
Alvaro J. Aguilar, Lombardi Aguilar Group, Panama
Any rights belong to their respective titleholders. Solely for educational, non-commercial use
Chapter 15The Union Broken1850-1861Southern ComplaintsWi.docxketurahhazelhurst
Chapter 15
The Union Broken
1850-1861
Southern Complaints
With British and northern factories buying cotton in unprecedented quantities, southern planters prospered in the 1850s. Their operations, like those of northern commercial farmers, became more highly capitalized to keep up with the demand. But instead of machinery, white southerners invested in slaves. During the 1850s the price of prime field hands reached record levels.
Kansas
Free or slave state
The Dred Scott Decision
The owner of a Missouri slave named Dred Scott had taken him to live for several years in Illinois, a free state, and in the Wisconsin Territory, in what is now Minnesota, where slavery had been banned by the Missouri Compromise. Scott had returned to Missouri with his owner, only to sue eventually for his freedom on the grounds that his residence in a free state and a free territory had made him free. His case ultimately went to the Supreme Court. The Court ruled 7 to 2 that Scott remain a slave.
The Chief Justice ruled that African Americans could not be and never had been citizens of the United States. Instead he insisted at the time the Constitution was adopted they were regarded as beings of an inferior order.
Congress it declared had no power to ban slavery from any territory of the United States.
White southerners rejoiced at the outcome. Republicans denounced the Court. The Republicans platform declared that Congress should prohibit slavery in all territories.
Before being elected President, when accepting his party’s nomination for senator from Illinois in 1958, Abraham Lincoln was quoted a proverb from the Bible:
A house divided against itself, cannot stand.
I believe this government cannot endure, permanently, half slave and half free. I do not expect theUnion to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided.
It will become all one thing or all the other.
Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become lawful in all the States, old as well as new — North as well as South.
Lincoln opposed allowing blacks to vote or hold political office. But he concluded there is no reason in the world why the negro is not entitled to all the natural rights enumerated in the Declaration of Independence, the right to life, liberty and the pursuit of happiness. … The negro is not my equal in many respects… certainly not in moral or intellectual endowment. But in the right to eat the bread, without the leave of anybody else, which his own hand earns…
Lincoln lost the senate race in Illinois but Republicans believed his performance during a series of debates marked his as a presidential contender for 1860.
Northerners feared that the Slave Power was conspiring to extend slavery into the free states.
A ...
Два иска США против Коломойского и Боголюбова конкретно касаются двух зданий, которые были куплены на деньги, выведенные из ПриватБанка — офисное здание CompuCom Campus в Даллесе и PNC Plaza Луисвилле. Общая стоимость зданий составляет около $70 млн.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
2. EFL arises in circumstances in which the lex fori
must be preferred to the foreign law
E.g. Doctrine of ordre public where domestic rule is
designed to protect the public welfare which must
prevail over an inconsistent foreign rule
Three situations:
A) Foreign Revenue, Penal and Public Law
B) Foreign Expropriatory Legislation
C) Foreign Laws Repugnant to Public Policy
3. Foreign Revenue Law, Foreign Penal
Law and Other Foreign Public Laws
No court will lend its aid to the enforcement
either directly or indirectly of foreign revenue,
penal or other public laws
The common thread that underlines this
exclusionary rule is that laws will not be
enforced if they involve an assertion of a
sovereign authority by one state within the
territory of another
4. Foreign Revenue Law
Government of India v Taylor: A company
registered in England and carrying out trading
operations in India. Company had gone into
voluntary liquidation and the Indian
Commissioner of Income Taxes made a demand
for taxes on the capital gains made from the sale
of the business.
5. Held that the claim was not maintainable as it
was the claim of the Government of India to
recover tax. “…enforcement of a claim for taxes
is but an extension of the sovereign power
which imposed the taxes, and that an assertion
of sovereign authority by one State within the
territory of another…is contrary to the concept
of independent sovereignties.”
6. • Brokaw v Seatrain UK Ltd: The United States
claimed title to goods shipped on a US
registered ship by persons (owners of the
goods) alleged to owe tax to the US.
• A notice of levy had been issued to the ship-
owner demanding that the goods be
surrendered. But when the goods arrived in
the United Kingdom was not surrendered to
the US government
7. • Held it was a claim to enforce a revenue law
and it failed as it amounted to indirect
enforcement of FRL. ((But if the US
government had obtained an
acknowledgement of title from the master of
the ship, or otherwise obtained possession
prior to the export, the claim would have been
upheld as it would amount to a possessory
title than a revenue law))
8. Foreign Penal Law
• Banco de Vizcaya v Don Alfonso, the former King of Spain
had brought securities and instructed that they should be
held by a London bank according to his agents, BdV.
• Spanish Republican Government later decreed that all his
property should be confiscated and deposited with the
Spanish banks.
• BdV claimed the delivery of the securities on the ground of
contractual right of recovery by virtue of the instructions of
public by King Alfonso
• Held the P’s were asserting the rights of the Spanish
Republic and to admitting the claim would amount to
enforce the penal law of Republic
9. Other Foreign Public Laws
• Camdex International Ltd v Bank of Zambia (No
2), the English court held that it would not
entertain a civil cause of action where the Bank of
Zambia under the Zambian law wanted to initiate
a proceeding against a Zambian mining company
to recover outstanding foreign exchange.
• Held this would amount to enforcement of
Zambian public law as the bank was exercising its
authority under Zambian statute which was a
part of the public law of Zambia
10. Foreign Expropriatory Legislation
• Expropriation is the act of a government
taking over private property for public use or
in public interest. Expropriation takes as
requisition, nationalization, compulsory
acquisition and confiscation
• The main question is the extend to which a
decree of foreign state implementing
expropriation affects the property belonging
to nationals of that state or aliens
11. To determine this the judge at the forum will
look in to three factors:
1)The interpretation of the foreign legislation
2) The situs of the property at the time of the
legislation
3) The question whether the foreign sovereign
was in actual possession or control of the
property outside his territory
12. • Territorial principle is that property situated in
a country cannot be affected by a foreign
decree of appropriation and that the rights of
the owner remains unchanged even if the
property is not in possession or control of the
foreign state or outside the territorial
jurisdiction of the state at the time of the
expropriation
13. Luther v Sagor
• A quantity of wood belonging to the plaintiffs at their
saw-mills in Russia was declared to be the property of
the Russian State by a decree of “nationalization”
passed in 1918. The wood was then sold by the Russian
Trade Delegation in London to the defendants, a
London firm, who imported it into England; whereupon
the plaintiffs started an action here, claiming that the
wood was their property.
• CoA decided that legislation of the Soviet Government,
which had then been recognized by UK Government,
appropriating without compensation the property in
Russia of a Russian national must be recognized and
given effect in UK
14. • Lecouturier v Rey, where under the French
Statute, the Carthusian monks were expelled
from France and their properties were
confiscated. Later they moved to Spain and
began to manufacture the liqueur according to
the original secret formula. It was held that
the monks could exploit their liqueur in
England as the French Statute could not affect
the property outside the French territory
15. Foreign Laws Repugnant to Public Policy
Fundamental concepts of justice and fairness
are affronted like the violation of principles of
natural justice
English concept of morality are infringed
Relations with foreign power is affected
Violation of human rights
Breach of International Law