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Topic: Nullity (conflict)

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	Annulment - Wikipedia, the free encyclopedia
		The Court, upon proper pleadings, renders a judgment that the marriage is void.
		These marriages were to Catherine of Aragon (on the grounds that she had already been married to his brother), Anne Boleyn and Catherine Howard (both of whom he later had executed) and Anne of Cleves (on the grounds of not consummating the marriage).
		Nullity (conflict) for a discussion of the rules relating to the annulment of marriage (conflict) in the Conflict of Laws
	en.wikipedia.org /wiki/Annulment (839 words)

	Nullity (conflict) - Wikipedia, the free encyclopedia
		In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null.
		Wherever possible, there should be international uniformity in defining a person's marital status so that people will not be treated as married under the law of one state, but not married under the law of another.
		A marriage which satisfies the requirements of the state where the marriage was contracted will everywhere be recognised as valid unless it violates the strong public policy of another state which had the most significant relationship to the spouses and the marriage at the time of the marriage.” i.e.
	en.wikipedia.org /wiki/Nullity_(conflict) (1975 words)

	Georg Simmel: The Sociology of Conflict: I (Site not responding. Last check: 2007-11-02)
		The purity of conflict merely for conflict's sake, accordingly, undergoes adulteration, partly through the admixture of objective interests, partly by the introduction of impulses which may be satisfied otherwise than by struggle, and which, in practice, form a bridge between struggle and other forms of reciprocal relationship.
		This peculiar bitterness of conflict in relationships in which from their very nature it is supposed that peace should reign, appears to be a positive confirmation of the matter of course that relationships show their intimacy and strength by the absence of differences.
		A special gradation of sociological distinction, and of emphasis of conflict upon the basis of equality, is given where the sundering of originally homogeneous elements is a conscious purpose, where the disunion is not properly the consequence of conflict, but the conflict arises from the disunion.
	spartan.ac.brocku.ca /~lward/Simmel/Simmel_1904a.html (10997 words)

	ICCL: Constitutional Issues/ General: Divorce Publications: The Case for Divorce in the 1990s: A Study of the ... (Site not responding. Last check: 2007-11-02)
		Children vary, as do their families, their societies, the degree of conflict they were exposed to etc. It is also difficult to disentangle the effects of the actual breakdown of the marriage as opposed to the divorce.
		Nullity refers to the legal procedure whereby an apparently valid marriage is declared invalid and therefore not a marriage at all.
		Of the children living in intact families, those experiencing high levels of marital conflict between their parents did not exhibit levels of distress or maladjustment found in the children whose parents had divorced, although they did have more problems than the children in intact families where there was no evident marital conflict.
	www.iccl.ie /constitution/divorce/95_divorce.htm (11045 words)

	[No title]
		Nullity means that the marriage never came into being; it is the discovery that the contract to marry did not exist.
		A decree of nullity was given because, though the grandmother was entitled to withdraw her support, she was not entitled to use the threat of its withdrawal to force consent to a marriage.
		A case of this sort, where nullity was sought on the ground of a condition relating to the past which was not fulfilled, is the case of B. and P. in the "Acta Apostolicae Sedis."[18] Here the woman agreed to marry the man on the explicit condition that he had never had a mistress.
	www.ewtn.com /library/MARRIAGE/NULITY.TXT (19770 words)

	Malik
		16, its pitfalls, conflict and controversy, and the effect of the compromise rule is the subject of this paper.
		Purported revocation of an irrevocable offer is a nullity and in instances where it is unpragmatic for the offeree to ignore purported revocation, he may claim damages similar to damages for contractual breach under the Convention.
		The nullity effect is also familiar to French law, in spite of the wrongful revocation, the contract would be deemed to be concluded and consequently the offeree may obtain damages according to the specified rules of breach of contract.
	www.cisg.law.pace.edu /cisg/biblio/malik.html (9976 words)

	Conflict and Human Rights in the Amazon: The Yanomami
		The intersection between human rights, conflict, and the environment is an important topic of discussion, especially with regards to how the destruction of the environment impacts indigenous communities and threatens their human rights to property and a healthy environment.
		While not typically considered under the umbrella of violent conflict, the introduction of diseases to which the Yanomami people were not immune is one serious effect of allowing outsiders searching for environmental resources and violating indigenous rights into their territory.
		The conflict was initiated when a group of Yanomami, including women and children, had gone to the mine to disarm a group of miners.
	www.american.edu /ted/ice/yanomami.htm (3522 words)

	[No title]
		On appeal, Webb argues that the trial court erred by failing to conduct a pretrial hearing to address an alleged conflict of interest by his court-appointed trial counsel arising from the fact that his counsel was not being adequately compensated because of the statutorily capped court-appointed attorney's fee system.
		He argues that when an objection is made and a conflict of interest is claimed and shown to exist prior to trial, prejudice and ineffective assistance of counsel are presumed and reversal is automatic.
		Benjamin asserts that the alleged conflict of interest was initially raised by Webb during an interview with a forensic psychologist who had been designated to evaluate Webb's competency to stand trial.
	www.courts.state.va.us /txtops/1578982.txt (2817 words)

	Joseph H. Beale, A Treatise on the Conflict of Laws
		In considering how a conflict of laws shall be solved, it is necessary first to study with some care the nature of law; and to delimit the jurisdiction of the various laws which are alleged to apply.
		"A conflict of laws is not caused by the difference of the laws which may possibly be applied to any particular case, but arises only when the legal systems of different states, differing among themselves, all claim that a particular case shall be submitted to their own jurisdiction."
		Local laws disappeared from France; all conflicts came to be differences between the laws of different nations, and therefore, to French authors, took on an international character.
	www.constitution.org /cmt/jhb/conflict_laws.htm (9085 words)

	tribunal
		The investigation or study of a marriage determines whether or not there is a ground acceptable in Church Law that would invalidate a marriage and whether or not this particular ground can be proved "beyond a reasonable doubt" to have actually existed at the time of the marriage.
		A Plaintiff for a Church declaration of nullity should contact the Tribunal of the Diocese of Gary, (219) 769-9292, to begin the investigation.
		NO parish priest is free to set a date for a subsequent wedding or validation in the Church until the parties concerned receive the notification of an affirmative decision and have completed all the requirements for entering into a new marriage.
	www.dcgary.org /pastoral/tribunal.htm (2621 words)

	WTO Dispute Settlement and Human Rights
		Thus, for a conflict to exist between a WTO provision and a provision of a human rights treaty, evidence must be put forward that the WTO mandates or prohibits an action that a human rights treaty conversely prohibits or mandates.
		But a conflict is a conflict, even though conflicts between different treaties may occur more readily than conflicts within a single treaty where all the provisions were negotiated at the same time and coherently.
		Conflicts between a WTO provision and jus cogens (a peremptory norm of international law) is a more complex issue because of the very nature of jus cogens.
	www.ejil.org /journal/Vol13/No4/art1-04.html (6449 words)

	Removal of the State Capital to Wheeling
		For as a conflict between the statute and Constitution is not to be implied, it would seem to follow where the meaning of the Constitution is clear, that the court, if possible, must give the statute such a construction as will enable it to have effect.
		In case of a reasonable doubt of the constitutionality of the act the doubt must be solved in favor of the legislative action, and the act must be sustained.
		J., in delivering the opinion of the court, declares that "it is the general subject of the act, of which the constitution speaks," and also that "The court is not to set aside or declare and act void because the subject was not as fully, or as unequivocally expressed as it might otherwise have been.
	www.wvculture.org /history/government/capitalmove01.html (9410 words)

	OSCN Found Document:In re TOWN OF AFTON.
		On the other hand, if, construing the act as a whole, it is made clear that it was the intent of the Legislature to authorize the court to make valid a pretended obligation of the municipality, which was attempted to be created in violation of section 26, art.
		Considering every part of said section, it is apparent that the purpose in passing the same was an attempt on the part of the Legislature to authorize the court to validate indebtedness attempted to be created, which is invalid under the Constitution.
		If the statute, which we hold to be in conflict with the Constitution and void, had been held to be valid, yet the court could not have validated the indebtedness or the warrants issued in payment of same, for the reason the same is clearly in violation of section 26, art.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=14677 (1752 words)

	TITLE VIII
		To declare the nullity, in whole or in part, of national laws and other acts of National Assembly with the force of law, which are in conflict with this Constitution.
		(2) To declare the nullity, in whole or in part, of state Constitutions and laws, municipal ordinances and other acts of the deliberating bodies of the States and Municipalities which are issued by way of direct and immediate implementation of the Constitution and are in conflict with the same.
		A state of economic emergency may be declared when extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation; the duration of this state of emergency shall be 60 days, with the possibility of extension for the same period.
	www.embavenez-us.org /constitution/title_VIII.htm (1038 words)

	Divorce UK \| marriage breakdown \| divorce procedures
		There are three parts of the divorce process starting with a legal procedure to end the marriage, secondly arrangements for any children of the marriage and thirdly ancillary relief proceedings that will decide the financial matters between the couple and as the step-by-step guide shows is a separate process to the divorce proceedings.
		Once the court has issued the partner a decree of nullity, there are no further requirements to end the marriage as with divorce which requires the decree nisi followed by the decree absolute.
		It would then be possible to apply for a court order settling disputes over children, matrimonial assets or financial matters during ancillary relief proceedings including the granting of a pension sharing order or earmarking order against the members pension rights from a pension arrangement of a partner.
	www.sharingpensions.co.uk /marbreak.htm (1654 words)

	The Other Side of the Story: An Unpopular Essay on the Making of the European Community Legal Order (Site not responding. Last check: 2007-11-02)
		The nullity of any act, inconsistent with the constitution, is produced by the declaration that the constitution is the supreme law.
		From a legal point of view, a prerequisite for the European Court's adoption of a principle of precedence was that it saw a conflict between a valid rule of Community law and a valid rule of national law.
		It is true, of course, that the Court, facing the conflict between a rule of Community law and a rule of national law, gave priority to Community law; this was the significance of precedence.
	www.ejil.org /journal/Vol10/No4/art5-03.html (2016 words)

	[No title]
		This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
		In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has jurisdiction to inquire into and render any judgment and...
		In a proceeding for dissolution of marriage or for nullity of marriage, but not in a proceeding for legal separation of the parties, the court, upon the request of a party, shall restore...
	www.iadvocate.net /CACode/130539_LawFiles.Htm (2142 words)

	Legal opinion on the validity and interpretation of the 4 April 1994 Georgian-Abkhazian Agreements (Site not responding. Last check: 2007-11-02)
		It may be noted that the Abkhaz-Georgian conflict has been brought to the attention of the United Nations by the Georgian government itself.
		The Parties reaffirm their request for the early deployment of a peace-keeping operation and for the participation of a Russian military contingent in the United Nations peace-keeping force, as stated in the Memorandum of Understanding of 1 December 1993 (S/26875, annex) and the communiqué of 13 January 1994.
		The paragraphs of the 1994 Declaration concerning the political settlement of the conflict are §§ 6, 7 and 8.
	www.unpo.org /news_detail.php?arg=03&par=346 (7068 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		when there is no material conflict in the evidence presented at a motion to suppress evidence, the trial judge may admit the challenged evidence without specific findings of fact, although findings of fact are preferred.
		There was no material conflict in the testimony presented at the hearing concerning the identification of defendant, and this identificationevidence was properly admitted.
		There was a material conflict in the testimony with respect to defendant's statement; however, any error in admitting the statement and the resulting evidence was harmless.
	www.romingerlegal.com /northcarolina/HTML/031019-1.htm (3765 words)

	Unit 4 Lecture Notes - Conflict Resolution
		To use a simplistic example, in an auto accident case the question of whether the traffic light was red or green when the defendant entered the intersection is a question of fact.
		A jury or a judge hearing the case will listen to all of the evidence and resolve any conflicts based upon an assessment of which witnesses are more believable.
		A court that lacks jurisdiction has no power to hear a case; even if it does anything that it decides is a nullity.
	www.cals.ncsu.edu /course/are309/lectures/Unit4LN.htm (2951 words)

	Nullity Of Marriage - ENCYCLOPEDIA - The History Channel UK
		nullity of marriage, in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage.
		Grounds, generally specified by statute, include fraud or duress preventing legal consent to the marriage and sexual impotence of one spouse that existed at the time the marriage was contracted and that was unknown to the other spouse.
		A decree of nullity declares, in effect, that the parties never were married, and at one time it absolved them from all obligations to each other.
	www.thehistorychannel.co.uk /site/search/search.php?word=nullitym (303 words)

	type_Document_Title_here
		Formal validity is excluded from the scope of the Hague Convention, which leaves the issue as a matter of conflict of laws to be settled exclusively under Article 9 of the Rome Convention.
		A different matter, in this context of conflict of laws, is that the actual contents and structure of the lex fori, which is the blue-print for this "classification", may emanate from an international Convention on substantive law, e.g.
		However, since in some legal systems the consequences of nullity of a contract are considered to be non-contractual in nature the provision in Article 22(1)(b) allowing Contracting States to enter a reservation on this matter was introduced.
	www.cisg.law.pace.edu /cisg/text/saf4.html (8625 words)

	The Trail of Diplomacy-Part 8
		While the Award clearly is a nullity insofar as it purports to delimit boundaries outside the submission, and even affecting States which were not parties to the arbitration, the defect is so grave that it alone supports the claim of Venezuela that the Award is null and void in toto, and was ab initio.
		Two interrelated grounds supporting Venezuela's contention of nullity are pivotal, i.e., that the conduct of the President of the Tribunal, and the tacit acquiescence by the four arbitrators therein, were such as to nullify the Award.
		It is evident that the validity or nullity of an Award cannot be negotiated, because it is inconceivable to reach a result of equilibrium reciprocally acceptable on this manner.
	www.guyana.org /features/trail_diplomacy_pt8.html (18966 words)

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