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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. * the Convention sets out clear rules for determining the governing law of trusts with a cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bond (finance)
In finance, a bond is a type of Security (finance), security under which the issuer (debtor) owes the holder (creditor) a debt, and is obliged – depending on the terms – to provide cash flow to the creditor (e.g. repay the principal (i.e. amount borrowed) of the bond at the Maturity (finance), maturity date and interest (called the coupon (bond), coupon) over a specified amount of time.) The timing and the amount of cash flow provided varies, depending on the economic value that is emphasized upon, thus giving rise to different types of bonds. 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 Share capital, stocks are both Security (finance), securities, but the major difference between the two is that (capital) stockholders h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Share (finance)
In finance, financial markets, a share (sometimes referred to as stock or Equity (finance), equity) is a unit of Equity (finance), equity ownership in the Stock, capital stock of a corporation. It 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 expresses 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 Financial capital, 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. Terminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 is 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 ''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.Holdsworth, W. S., "The History of the Treatment of Choses in Action by the Common Law", 33 ''Harvard Law Review'' 96 This is contrasted with a chose in possession which is a bundle of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Situs
Lex or LEX may refer to: Computing * Amazon Lex, a service for building conversational interfaces into any application using voice and text * LEX (cipher), a stream cipher based on the round transformation of AES * Lex (software), a computer program that generates lexical analyzers * lex (URN), a URN namespace that allows accurate identification of laws and other legal norms Music * '' L.E.X.'', the third studio album by Liverpool Express * "Lex", a song from Ratatat's 2006 album ''Classics'' * ''Lex'' (album), a mini-album and partial soundtrack by Portland, Oregon duo Visible Cloaks * Lex Records, an independent record label People and fictional characters * Lex (given name) * Lex (surname) * Lex Luger, ring name of American professional wrestler Lawrence Pfohl (born 1958) * Lex Steele, stage name of American pornographic actor Clifton Britt (born 1969) Places * Lex, West Virginia, an unincorporated community * Lexington Avenue, a street in Manhattan in New York Ci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 aired from October 8 to October 29, 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 * Loretta Devine as Dayleen * Alex Landi as Cameron Guest * Constance Marie as Martha * Tony Plana as Ramona * Carl Tart as Wendell *Jaime Cepero as Kirby * D'Lo as Zach Episodes ... [...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. # An indefeasible portion, the ''forced estate'', passing to the deceased's next-of-kin (''conjunctissimi''). # A discretionary portion, or ''free estate'', 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 means accepting inheritance includes accepting the liabilities attached to inherited property. The forced estate is divided into shares which include the share of issue (legitime or child's share) and the spousal share. This provides a min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child
A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking countries, the legal definition of ''child'' generally refers to a minor (law), minor, in this case as a person younger than the local age of majority (there are exceptions such as, for example, the consume and purchase of alcoholic beverage even after said age of majority), regardless of their physical, mental and sexual development as biological adults. Children generally have fewer Children's rights, rights and responsibilities than adults. They are generally 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, Metaphor, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being str ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Community Property
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and inheritances they receive during marriage, are treated as that spouse's separate property in the event of divorce. In some cases, separate property can be "transmuted" into community property, or be included in the marital estate for reasons of equity. Community property can also be relevant in probate law, during the disposition of a will. The concept of community property originated in civil law jurisdictions but is now also found in some common law jurisdictions. Community property regimes can be found in countries around the world including Sweden, Germany, Italy, France, South Africa and parts of the United States. In civil law countri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 l ... [...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] |
