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ENGLISH LEGAL TERMINOLOGY Private Law

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Family law is an area of the law that deals with family-related issues and ... the nature of marriage, cohabitation and civil unions; ... Force majeure (greater force) ... – PowerPoint PPT presentation

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Title: ENGLISH LEGAL TERMINOLOGY Private Law


1
ENGLISH LEGAL TERMINOLOGY Private Law
  • Dr Janja Hojnik
  • April 2008

2
Law of Persons
  • Natural person
  • Legal person
  • Nationality (citizenship)
  • Domicile

3
Family law is an area of the law that deals with
family-related issues and domestic relations
including, but not limited to - the nature of
marriage, cohabitation and civil unions - status
of legitimate and illegitimate children,
adoption, surrogacy, foster care - the
termination of the relationship and ancillary
matters including divorce, annulment, property
settlements, alimony, and parental responsibility
orders (child custody and visitation, child
support awards).
  • Family law

4
Marriage
  • a contract between two persons
  • State (civil) marriage by church
  • Capacity to Marry
  • age
  • not already married
  • not certified of unsound mind
  • not within the prohibited degrees (close
    members of family)

5
Divorce
  • Consensual or on petition
  • Marriage has broken down irretrievably
  • Void and voidable marriages
  • Presumption of Death

6
Parents and children
  • Parental right
  • Legitimation in English law a child born
    illegitimate becomes legitimate if his parents
    subsequently marry
  • Adoption extinguish the rights and obligations
    of the natural parents and vesting them in
    adopters (adoptive parents adopted child)
  • Guardianship the relationship between an infant
    (a ward) and a person who has the obligation of
    ensuring his maintenance, education and welfare
  • Foster Care - a foster child without parental
    support and protection is placed with a person or
    family to be cared for.

7
Children
  • Legitimate a child born during wedlock or
    within the normal time after the termination of a
    marriage
  • Illegitimate a child whose mother does not
    marry the father (if she does marry afterwards,
    the child may be legitimated eng. law)
  • Slo. Constitution (54/2)
  • Children born out of wedlock have the same rights
    as children born within it.

8
Succession Law
  • Inheritance practice of passing on property,
    titles, debts, and obligations upon the death of
    an individual
  • Deceased person
  • Legacy
  • Legacy/probate matter (duty)
  • Inheritor/inheritrix - heir/heiress beneficiary
    (spouse, descendant and more remote degrees of
    kinship)
  • Will testament - a document by which a person
    (the testator) regulates the rights of others
    over his property or family after death
  • Testator/testatrix
  • Intestacy - the condition of the estate of a
    person who dies owning property greater than the
    sum of his or her enforceable debts and funeral
    expenses without having made a valid will
  • Freedom of disposition

9
CONTRACT LAW in civil law systems a part of a
general law of obligations (along with tort,
unjust enrichment or restitution) based on the
Latin phrase pacta sunt servanda. Contract - a
legally binding exchange of promises or agreement
between parties that the law will enforce.
10
Key elements to the creation of a contract -
offer and acceptance - intention to create legal
relations - contracts formalities.
  • Contractual formation

11
Invitation to treat (bargain) - an action by
one party which may appear to be a contractual
offer but which is actually inviting others to
make an offer of their own Distinction if a
legitimate contractual offer is accepted by
another, a binding contract is immediately
formed. - example tender or bidding
12
Consideration - a requirement for contracts
under common law. - both parties to a contract
must bring something to the bargain (conferring
an advantage on the other party or incurring some
kind of detriment or inconvenience) - Civil law
systems take the approach that an exchange of
promises, or a concurrence of wills alone, rather
than an exchange in valuable rights is the
correct basis.
13
Contract clauses - arbitration clause - clause
in a contract that requires the parties to
resolve their disputes through an arbitration
process - choice of law clause - the parties
specify which law will be applied to resolve any
disputes arising under the contract - retention
of title clause (Romalpa clause) - a provision in
a contract for the sale of goods that the title
to the goods remains vested in the seller until
certain obligations (usually payment of the
purchase price) are fulfilled by the buyer.
14
Formalities - oral contract - written
contract verbal contract? Illegal contracts -
void contract - voidable contract
15
Remedies for breach of contract - breach of
contract failure to perform as stated in the
contract - ways to remedy a breached
contract - damages - specific performance.
16
Force majeure (greater force) - a common clause
in contracts which essentially frees one or both
parties from liability or obligation when an
extraordinary event or circumstance beyond the
control of the parties, such as war, strike,
riot, crime, natural disaster (e.g., flood,
earthquake, volcano), prevents one or both
parties from fulfilling their obligations under
the contract.
17
Gentlemen's agreement - an informal agreement
between two parties (written or oral) - it
relies upon the honour of the parties for its
fulfilment, rather than being in any way
enforceable - the opposite of a legal
agreement or contract, which can be enforced if
necessary.
18
Quasi-contract (implied-in-law contract) - a
legal substitute for a contract - a contract
that should have been formed, even though in
actuality it was not - used when a court wishes
to create an obligation upon a non-contracting
party to avoid injustice.
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