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Habitual Residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or entitlement. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing. Habitual residence is determined based on the totality of circumstances which may include both future intention and past experience. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places. It is the geographical place considered "home" for a reasonably significant period of time. Description In conflict of laws there are three personal connecting factors that help courts determine which law should apply to a particular dispute or issue. These are nationality, domicile, and habitual residence. Habitual residence is the newest concept of the three and is becoming a more commonly used factor than domicile in many common law jurisd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). 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.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome Convention (contract)
The Convention on the Law Applicable to Contractual Obligations 1980, also known as 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 agreeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habitual Residence Test
The Habitual Residence Test is used by the United Kingdom and the Republic of Ireland to determine eligibility for social security benefits. In both countries a right to reside in the Common Travel Area counts for the purpose of this test. Habitual residence is not defined in legislation. The term has repeatedly been considered in caselaw. For many benefits there is also a test of presence in the country. United Kingdom The test was introduced in 1994. It required close ties to the United Kingdom and intention to settle in the UK. It was revised in May 2004 to include a ‘right to reside’ requirement, based on directives of the European Union regarding right of residence. Provisions regarding right to reside include conducting business, working or looking for work, being a student, or having sufficient resources to be self-supporting. European Commission objections In May 2013 the European Commission after a long dispute with the UK over the matter decided to take a case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The court was created on May 30, 1849, as the Court of Queen's Bench () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. The court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the ''Criminal Code'', someone wishing to appeal a decision of either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,000 in dispute to be heard. The Court of Appeal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Superior Court
The Superior Court of Quebec () is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal matters that are tried by jury must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Agreement
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. ' separation is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation ' is essentially a separation that is sanctioned by a court order, mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Best Interests Of The Child
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children". Definition According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children". Due to the diversity of factors to consider, usually more than one profession or institution is involved in the assessment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Convention On The Civil Aspects Of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child who was wrongfully taken by a parent from one country to another country. In order for the Convention to apply, both countries (the one the child was removed from, and the one the child has been brought to) must be Contracting States; i.e. both must have adopted the Convention. The Convention seeks to address international child abduction arising when a child is removed by one parent, when both parents have custody rights, or custody has yet to be determined. It was drafted to ensure the prompt return of children wrongfully abducted from their country of habitual residence, or wrongfully retained in a country that is not their country of habitual residence. The Convention was developed by the Hague Conference on Private International Law (HCCH). The convention was concluded 25 October 1980 and en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Conventions Of 1899 And 1907
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I. History The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of martial law; protection of civilians and civilian property and punishment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Jus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
