Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
Comitas (gentium):
|
courtesy’/respect legal base of Statutists for their method. States (mutually) respect the validity of foreign law in their country;
|
|
Exceptio litis pendentis
|
the exception to the rules of international competence on the ground that the same dispute between the same parties is pending before another court;
|
|
. Forum conveniens
|
although a court is not competent under international competence rules, it may still have jurisdiction when the case is closely connected to the legal order of the
|
|
Forum non conveniens
|
court that would have jurisdiction according to general rules is free under the particular circumstances of a case to decide to decline jurisdiction, or at least to order a stay if foreign court appear to be the more appropriate court;
|
|
. Forum necessitates
|
also general exception to international competence rules. A distinct court which formally has no international competence may declare itself competent if a judicial procedure elsewhere appears to be impossible. (Thus, no competent court or foreign court is accessible because of exceptional circumstances such as war);
|
|
Forum prorogatum
|
court which had no jurisdiction, but obtains jurisdiction by agreement of the parties;
|
|
Forum rei:
|
court of the defendant (reus) e.g. court can base its competence on the domicile or hab. residence etc. of the defendant;
|
|
Forum solutionis
|
the court of the place of performance of the relevant obligation;
|
|
Forum rei sitae:
|
the court where the good is situated (res: the thing, object) court’s competence is based on the place of situation/location of the good;
|
|
Ius sanguinis:
|
right of the blood’: citizenship determined by having one or both parents who are citizens of a specific nation;
|
|
Ius soli
|
right of the soil’: citizenship determined by place of birth;
|
|
Lex causae
|
law of the cause’: the law which is applicable to the case as determined by the conflict rule;
|
|
lex loci actus
|
law of the place where a legal action takes place. It is the place where the act occurred that gave rise to the legal claim;
|
|
Lex personalis
|
the law that is applicable to a person; law of the domicile of the person;
|
|
Lis pendens
|
the same dispute between the same parties is (also) pending before another court/concurrent proceedings;
|
|
. Locus regit actum
|
the law of the state of the legal act determines its form;
|
|
Locus sine lege:
|
a place without law, e.g. Antartica, at open sea (not in the territorial areas) etcetera;
|
|
Perpetuatio fori/perpetuation iurisdictionis
|
the continuation of the jurisdiction of the court despite change in circumstances;
|
|
. Statuta realia:
|
statutes of immovables, governed by the principle of territoriality;
|
|
36. Statuta personalia:
|
statutes of personal law, governed by principle of domicile;
|
|
37. Statuta mixta: ‘
|
mixed’ rules of statutists, governed by principle of territoriality.
|