provide the Common Law determination of the Lex Domicilii Matimonii and its potential constitutional problems. Thereafter‚ the different proposals for determining the marriage domicile will be addressed with regards to several academic authors. The judgment of Sadiku v Sadiku will then be considered focusing on immovable property. Finally‚ this discussion will conclude with a synopsis of the Lenferna v Lenferna judgment and its determination of the Lex Domicilii Matrimonii. 2. Common Law determination
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Enforcement of Foreign Judgments edited by Louis Garb Attorney-at-Law‚ Israel Also admitted to practice in Botswana and South Africa and Julian Lew Attorney-at-Law‚ England Also admitted to practice in the State of New York 1994 Kluwer Law and Taxation Publishers Deventer · Boston Foreign Judgments (June 1994) General Section - 3 List of Authors Africa South Africa Feinsteins Incorporated 9th Floor‚ The Atrium 41 Stanley Avenue‚ Milpark Johannesburg South Africa Tel
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This legal system includes his personal law which determines the legal capacity of that person as for example whether that person has the legal capacity to marry or how the property of a deceased person is to be distributed. For instance a married man domiciled in England is under the jurisdiction of England for purposes of dissolving or annulling his marriage. The concept of domicile is not just confined to conflict of laws but also extends to tax law and in fact many leading judgments defining
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particular transaction. Person whose legal capacity is or may be restricted include minors‚ insane persons‚ convicts and aliens. The law governing minor’s contracts shows how the law must compromise between two principles. The first and more important is that‚ the minor must be protected against his own experience. The second is that in pursuing this object the law should not cause unnecessary hardship to those who deal with minors‚ the compromise between these principles results in certain contracts
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Guidelines Single Source Procurement Using Public Funds Already Approved By Parliament Preamble The Act requires institutions to secure approval from the Board before they adopt single source procurement. The Minister of Finance and Economic Planning issued guidelines on 17th September‚ 2004 to explain the process for application of Single Sourcing. However‚ most applications for single source procurement submitted to the Board fail to satisfy the basic requirements for approval. This sometimes
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CU2943 Leanne Woods 28/07/14 4.2/ 4.3 Explain the principle of informed choice and how issues of individual capacity may affect this. Informed choice; Informed Choice involves the exchange and understanding of relevant information
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Answers Question 1: rationale behind regulation of armed conflict Question 2: Briefly outline fundamental principles governing conduct of warfare on land. Principle of Military Necessity That principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. This principle limits those measures not forbidden by international law to legitimate military objectives whose engagement offers a
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“Conflict Between Law and Morality” * Aakriti Pandey Student of RMLNLU‚ Lucknow Introduction In ancient times there was no distinction between law & morals. The Hindu jurist in ancient India did not make any distinction between law & morals. However‚ later on‚ some distinction came to be made in actual practice. The Mimansa made a distinction between obligatory and recommendatory rules. By the time the commentaries were written‚ the distinction was clearly established in theory also
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intentionally kills her child using measures other than abortion‚ then she should also be charged with murdering a fetus. There is a conflict between fatal homicide laws and abortion rights. This is because many people believe that if woman can make a choice to kill their child anyway through abortion‚ then it should not be an issue when someone kills a fetus. The conflict is resolved by each state
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The Conflict over Political and Natural Law In Sophocles’ tragedy Antigone there are many major political conflicts present. Some of these include the role of women in politics‚ claims of justice versus claims of the family‚ individualism versus patriotism‚ the state versus religion‚ and obligation to the versus the obligation to ones conscience among others. But the conflict I have chosen to examine is that of the law of the gods or natural law versus the law of humans or the political law. In
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