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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]
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.
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.
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]
According to historical records, a civil law called the Code Civil des Français was formed in 1804, in which most European referred to them as the Napoleon Code. [2] On 24 May 1806 the Netherlands became a French client state, styled the Kingdom of Holland under Napoleon's brother, Louis Bonaparte in which he was instructed by Napoleon to receive and enact the Napoleonic Code.
Ex aequo et bono (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. [1]
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.
Salus publica suprema lex esto in the Swiss Parliament.. Salus populi suprema lex esto (Latin: "The health [welfare, good, salvation, felicity] of the people should be the supreme law"; "Let the good [or safety] of the people be the supreme [or highest] law"; [1] or "The welfare of the people shall be the supreme law") is a maxim or principle found in Cicero's De Legibus (book III, part III, sub.