Search results
Results From The WOW.Com Content Network
Review of court decision or PK (Indonesian: Peninjauan Kembali) is a legal action that can be taken by a defendant to appeal a court ruling under the Indonesian judicial system.
The lex specialis doctrine, also referred to as generalia specialibus non derogant ("the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). [1]
For these purposes, Article 7 defines "mandatory rules" as rules that must be applied whatever the Applicable Law. In deciding whether rules are mandatory in the lex fori or a law with which the contract has a close connection, regard shall be had to their nature and purpose and to the consequences of their application or non-application.
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6]
In exceptional circumstances, the lex loci delicti rule is displaced in favour of another law, if the "factors relating to the parties" or "any of the events which constitute the tort" show that this other law will be substantially more appropriate. Suppose that an English employer sends an employee on a business-related journey to Arcadia.
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, [1] or classification within the English judgments of the European Court of Justice. [2]
In contract law, the lex loci contractus is the Law Latin term meaning "law of the place where the contract is made". [ 1 ] [ 2 ] It refers (in the context of conflict of laws ) to resolving contractual disputes among parties of differing jurisdictions by using the law of the jurisdiction in which the contract was created.
In Indian philosophy, the idea that a rule is not a "true law" unless it is based on the idea of Ṛta, a possible cognate for "right" in English.This natural law foundation establishes rules for what is a "law" or "truth", a form of order so high that even the gods themselves must obey or be in the wrong.