Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Lex patriae


Related Topics

In the News (Fri 27 Nov 09)

  
  Private International Law - ConsideringMarriage.com   (Site not responding. Last check: 2007-10-24)
Lex loci delicti commissi  · Lex loci actus
Each judge is the guardian of his or her own principles of ordre public (public order) and the parties cannot, by their own act, oust the fundamental principles of the local municipal law which generally underpin areas such as labour law, insurance, competition regulation, agency rules, embargoes, import-export regulations, and securities exchange regulations.
If the lex loci arbitri has been ignored, but there was no real and substantial connection between the place of arbitration and the agreement made by the parties, a court in which enforcement is sought may well accept the tribunal's decision.
www.consideringmarriage.com /Private_international_law/encyclopedia.htm?showall=yes   (2482 words)

  
  Nationality - Wikipedia, the free encyclopedia
This is an aspect of the public policy of parens patriae and the concepts of the social contract.
In the civil law systems of continental Europe, either the law of nationality (known as the lex patriae in Conflict of Laws) or the law of the place of habitual residence is preferred to domicile as the test of a person's status and capacity.
The nationals of a country generally possess the right of abode in the territory of the country whose nationality they hold, though there are some exceptions (e.g., British Nationality Law).
en.wikipedia.org /wiki/Nationality   (507 words)

  
 Nullity (conflict) - Wikipedia, the free encyclopedia
In some states, the lex loci celebrationis deals with most issues of validity; in others, there is agreement that the lex loci celebrationis should determine whether a marriage is formally valid, but disagreement as to which connecting factor: nationality (the lex patriae), domicile (the lex domicilii) or habitual residence, should define essential validity.
The public policy underpinning the lex fori (the law of the forum court) will allow the court to ignore foreign limitations on the right to marry which are considered offensive, e.g.
For example, the policy of parens patriae entitles the state to defend the interests of children until they are deemed old enough to be responsible for their own decisions.
en.wikipedia.org /wiki/Nullity_(conflict)   (1966 words)

  
 Nullity (Conflict) - Karr.net   (Site not responding. Last check: 2007-10-24)
In some states, the lex loci celebrationis deals with most issues of validity; in others, there is agreement that the lex loci celebrationis should determine whether a marriage is formally valid, but disagreement as to which connecting factor: nationality (the lex patriae), domicile (the lex domicilii) or habitual residence, should define essential validity.
The public policy underpinning the lex fori (the law of the forum court) will allow the court to ignore foreign limitations on the right to marry which are considered offensive, e.g.
For example, the policy of parens patriae entitles the state to defend the interests of children until they are deemed old enough to be responsible for their own decisions.
www.consideringmarriage.com /Nullity_(conflict)/encyclopedia.htm   (1308 words)

  
 European Commission - European Judicial Network - Applicable law - Czech Republic
For parent-child relationships, the connecting factor for the determination or denial of paternity is generally the nationality of the child by birth (the lex patriae of the child).
The child’s consent to adoption is assessed in accordance with the law of the state of which the adopted child is a national (the lex patriae of the child).
The rights of the mother of a child not married to the child’s father are governed by the law of the state of which the mother is a national at the time the child is born (the lex patriae of the mother at the birth of the child).
ec.europa.eu /civiljustice/applicable_law/applicable_law_cze_en.htm   (3782 words)

  
 [No title]
Nationality, Residence, and Closest Relationship Lex patriae [FN9] is adopted as the principal rule, particularly in the areas of persons [FN10] and family relations, [FN11] thus necessitating the determination of nationality.
Lex loci delicti commissi is the law of the jurisdiction where the offense was committed.
Lex fori means law of the forum, the law of the jurisdiction where a legal proceeding is commenced and heard.
www2.law.columbia.edu /course_00S_L9436_001/2005/chin.doc   (5419 words)

  
 Ιδιωτικό Διεθνές Δίκαιο - Greeklaws fora
lex loci delicti commissi: το δίκαιο του τόπου τέλεσης της αδικοπραξίας.
lex loci solutionis: το δίκαιο του τόπου εκπλήρωσης της παροχής.
lex rei sitae: το δίκαιο του τόπου όπου βρίσκεται το πράγμα.
www.greeklaws.com /fora/index.php?showtopic=102   (1217 words)

  
 The Rules To Be Followed By A Court In Applying Appropriate Law In Cases Having A Foreign Party - Author - Jayant Bhatt ...
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which law is selected.
The lex patriae is a civil law choice of law rule (in some states, the law of habitual residence is used) to test the status and capacity of the parties to the case.
The lex situs is a choice of law rule applied to identify the lex causae for cases involving title to, or the possession and use of property.
www.legalserviceindia.com /articles/frpca.htm   (8872 words)

  
 Lex View 13.0 - Caring for the Mother and Unborn Child -- Legislature's Given Green Light to Make Changes
Examining the rationale behind the 'born alive' rule and the limitation of parens patriae, he concluded that the 'born alive' rule existed solely because more primitive medical science could not tell with any accuracy if an unborn child was alive at the time it suffered an injury unless the child was born alive.
Lex View is a project brought to you by the Centre for Cultural Renewal, a not-for-profit agency.
Lex View is an on-going review of judgments of Canadian appellate courts that have an impact on the complex interrelationships between law, public policy, culture, moral reasoning and religious belief.
www.culturalrenewal.ca /lex/lex-13.htm   (2098 words)

  
 LEX FABIA CENTVRIATA
B of the Lex Vedia Centuriata, enacted in 30 Jul. 2752.
The Lex Iunia Centuriata, approved in 22 Dec. 2752, is hereby rescinded.
The LEX VEDIA PROVINCIALIS (now a part of the Constitution) was "enacted to enable governors and the Senate more flexibility in establishing and maintaining the administrative institutions and mechanisms of provinciae." The main idea of this part of this law is also founded on flexibility.
www.novaroma.org /tabularium/leges/2003-12-02-ii.html   (473 words)

  
 LEX SALICIA POENALIS
Following the paragraph VIII.a of the Lex Salicia Iudiciaria, and expanding it, all the crimes defined by this law shall be judged by a tribunalis composed by ten (10) iudices.
The messages of a citizen under moderation may be censored; in those cases, the praetores shall publicly announce the censoring of the message, and shall provide the original message upon request to those magistrates entitled to use intercessio against the praetores' decision within twenty-four (24) hours of their announcement.
The penalty for laesa patriae shall be not less than deprivation of citizenship for one year nor more than permanent deprivation of citizenship, according to the formula of the praetor.
www.novaroma.org /tabularium/leges/2003-10-08-ii.html   (2991 words)

  
 Private international law   (Site not responding. Last check: 2007-10-24)
Once the lex causae has been selected, it will be respected except when it appears to contravene an overriding mandatory rule of the lex fori.
Furthermore, the lex fori will prevail in cases where an application of the lex causae would otherwise result in a fundamentally immoral outcome, or give extraterritorial effect to confiscatory or other territorially limited laws.
If the lex loci arbitri has been ignored, but there was no real and substantial connection between the place of arbitration and the agreement made by the parties, a court in which enforcement is sought may well accept the tribunal's decision.
www.toshare.info /en/Conflict_of_laws.htm   (1477 words)

  
 Lex domicilii at AllExperts
The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws.
Assuming that there are no public policy issues raised under the relevant lex fori, the domiciliary law should apply to define all major issues and so produce an in rem outcome no matter where the case might be litigated.
The civil law states use a test of either ''lex patriae (the law of nationality) or the law of habitual residence to determine status and capacity.
en.allexperts.com /e/l/le/lex_domicilii.htm   (406 words)

  
 Lex loci arbitri at AllExperts
The lex loci arbitri is the Latin term for "law of the place where arbitration is to take place" in the Conflict of Laws.
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.
As an aspect of the public policy of freedom of contract, the parties to an agreement are free to include a forum selection clause and/or a choice of law clause and, unless there is a lack of bona fides, these clauses will be considered valid.
en.allexperts.com /e/l/le/lex_loci_arbitri.htm   (421 words)

  
 Nationality Physicians
The person remains subject to the state's jurisdiction(the lex domicilii in Conflict of Laws) for the purposes of defining statusand capacitywherever he or she might travel outside the state's territory; in exchange, the individual is entitled to the state's protection, and to other rights as well.
This is an aspect of the public policyof parens patriae and derives from the social contract.
In the civil lawsystems of continental Europe, either the law of nationality (known as the lex patriae) or the law of the place of habitual residence is preferred to domicile as the test of a person's status and capacity.
www.lumrix.com /medical/physicians/nationality.html   (523 words)

  
 Nationality information - Search.com   (Site not responding. Last check: 2007-10-24)
The person remains subject to the state's jurisdiction (the lex domicilii in Conflict of Laws) for the purposes of defining status and capacity wherever he or she might travel outside the state's territory; in exchange, the individual is entitled to the state's protection, and to other rights as well.
This is an aspect of the public policy of parens patriae and derives from the social contract.
In the civil law systems of continental Europe, either the law of nationality (known as the lex patriae) or the law of the place of habitual residence is preferred to domicile as the test of a person's status and capacity.
domainhelp.search.com /reference/Nationality   (557 words)

  
 8QUASCHL   (Site not responding. Last check: 2007-10-24)
Lex patriae, which applies the law of the nationality of the couple, is the traditional choice of law rule for marriage recognition in most of Continental Europe,as well as in most of the Arab world countries with western legal systems.
Thus, lex loci celebrationis countries generally assert the right to refuse to apply the law of the place of celebration to evasive marriages of their own citizens.
The lex loci celebrationis rule (like the personal law rule) is subject to the ordre public exception in choice of law.
www.law2.byu.edu /wardle/FundPrinsFamL/8QUASCHL.htm   (4909 words)

  
 Isidore, De Lege   (Site not responding. Last check: 2007-10-24)
Lex est constitutio populi, quam maiores natu cum plebibus sancierunt.
Porro si ratione lex consistat, lex erit omne iam quod ratione constiterit, dumtaxat quod religioni congruat, quod disciplinae conueniat, quod saluti proficiat.
Omnis autem lex aut permittit aliquid, ut: "uir fortis petat praemium"; aut uetat, ut: "sacrarum uirginum nuptias nulli petere liceat"; aut punit, ut: "qui caedem fecerit, capite plectatur".
homepages.wmich.edu /~johnsorh/MedievalLatin/Texts/IsidDeLeg.html   (293 words)

  
 Glossary of Conflict of Laws
The arbitrators are authorized, as "amiables compositeurs", to disregard legal technicalities and strict constructions which they would be required to apply in their decisions if the arbitration agreement contained no "amiable compositeur" clause.
Pettigrew [1945] S.C.R. 62, was eventually abandoned by the Supreme Court in favour of the rule of lex loci delicti (subject to a flexibility exception) in Tolofson v.
When a list of words with specific meanings is followed and expanded by the addition of general words, the latter are to be restricted in their application to things of the same nature as the preceding specific words.
www.mcgill.ca /maritimelaw/glossaries/conflictlaws   (7595 words)

  
 Report on Private International Law Aspects of Capacity to Marry and Choice of Law Proceedings for Nullity of Marriage
At present the lex fori is applied in some countries, in certain instances (it must be admitted) as a result of a lack of considered analysis.
In referring the question of formal validity to the lex loci celebrationis, it is not sufficient merely to state that the lex loci celebrationis determines the issue: this “lex” is “not a static conception, but is a changing body of rules”.
But in applying the lex loci celebrationis, the English court would probably include a reference to the conflicts of law rules of France, and according to those conflicts of law rules it is possible, though far from certain, that the retrospective validation by the Irish legislation would be recognised.
www.lawreform.ie /publications/data/volume5/lrc_38.html   (10075 words)

  
 The Fire Cross 1914
The obverse depicts in the large rectangular panel, flanked by a vertical laurel twig on either side, an abandoned battlefield : a helmet on top of a bajonet in front, a hill with a 75mm field gun at the back, with the sun shining through some clouds.
The reverse has in the panel a royal crown with seven rays emanating from it, a large oak leaf branch with a latin text across : "SALUS PATRIAE / SUPREMA LEX" and the years "1914 / 1918" in the lower right corner.
The reverse reads "1914-1918 / Salus / Patriae / Suprema / Lex" as on the later medal's reverse.
users.skynet.be /hendrik/eng/B1-FireX.html   (351 words)

  
 Choice of Law in Contract and Thai Private International Law: A Comparative Study
It follows that a questions of a capacity of natural person to conclude a contract is subject to article 10 paragraph one entitled "Status and Capacity of person" By the term of article 10, the capacity or incapacity of person s governed by lex patriae, the law of nationality of such person.
The meaning of the selection of law as a proper law of contract states parties have the right to choose the appropriate rules of system of laws applicable to their contact(50).
Accordingly, the contract is subject to such foreign laws, albeit under some limitations of lex forum(51) i.e.
www.thailawforum.com /articles/choiceoflaw3.html   (1312 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.