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Nullity (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. Hen ... [...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] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incest
Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineage (anthropology), lineage. It is condemned and considered immoral in many societies. It can lead to an increased risk of genetic disorders in children in case of pregnancy from incestuous sex. The incest taboo is one of the most widespread of all cultural taboos, both in present and in past societies. Most modern societies have laws regarding incest or social restrictions on closely consanguineous marriages. In societies where it is illegal, consensual adult incest is seen by some as a victimless crime. Some cultures extend the incest taboo to relatives with no consanguinity, such as Milk kinship, milk-siblings, stepsiblings, and adoptive siblings, albeit sometimes with less intensity. Third-degree relatives (such as half-aunt, half-nephew ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eugenics
Eugenics is a set of largely discredited beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter the frequency of various human phenotypes by inhibiting the fertility of those considered inferior, or promoting that of those considered superior. The contemporary history of eugenics began in the late 19th century, when a popular eugenics movement emerged in the United Kingdom, and then spread to many countries, including the United States, Canada, Australia, and most European countries (e.g. Sweden and Germany). In this period, people from across the political spectrum espoused eugenics. Many countries adopted eugenic policies intended to improve the quality of their populations. Historically, the idea of ''eugenics'' has been used to argue for a broad array of practices ranging from prenatal care for mothers deemed genetically desirable to the forced sterilization and murder of those deemed unf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affinity (law)
In law and in cultural anthropology, affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It is the relationship each party in the marriage has to the family of the other party in the marriage. It does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably, sometimes ceasing with the death of one of the marriage partners through whom affinity is traced, and sometimes with the divorce of the marriage partners. In addition to kinship by marriage, "affinity" can sometimes also include kinship by adoption or a step relationship. Unlike blood relationships ( consanguinity), which may have genetic consequences, affinity is essentially a social or moral construct, at times backed by legal consequences. In law, affinity may be relevant in relation to prohibitions on incestuous sexual relations and in relation to whether particular couples are prohibited from marryin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country. The original concept of a "common-law" marriage is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service. In effect, the act of the couple representing themselves to others as being married and organizing their relation as if they were married, means they are married. The term ''common-law marriage'' (or similar) has wider informal use, often to denote relations that are not legally recognized as marriages. It is oft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttable Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Customary Marriages Act, 1998
The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. The act was signed by President Nelson Mandela Nelson Rolihlahla Mandela ( , ; born Rolihlahla Mandela; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist and politician who served as the first president of South Africa f ... on 20 November 1998 but only came into force on 15 November 2000. Provisions All customary marriages which were valid under customary law when the act came into force, whether monogamous or polygamous, are recognised as ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and Information security, protection of information. Privacy may also take the form of bodily integrity. Throughout history, there have been various conceptions of privacy. Most cultures acknowledge the right of individuals to keep aspects of their personal lives out of the public domain. The right to be free from unauthorized invasions of privacy by governments, corporations, or individuals is enshrined in the privacy laws of many countries and, in some instances, their constitutions. With the rise of technology, the debate regarding privacy has expanded from a bodily sense to include a digital sense. In most countries, the right to digital privacy is considered an extension of the original right to privacy, and many count ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Fori
In conflict of laws, the term (Law Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the (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 ', 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 characterisation (conflict), 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 ', the law to be applied to each cause of action. Relevant rules include the following. ' ' (Latin for "law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
