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Common law of agency Practical Law
(8 days ago) Common law of agency. This practice note summarises the common law of agency, the body of case law that deals with the rights and duties which arise when an intermediary becomes involved in dealings between two entities. To access this resource, sign up for a free trial of Practical Law…
Nuisance Practical Law
(8 days ago) Nuisance. A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence. A private nuisance usually is caused by a person doing something on
Associate Practical Law
(8 days ago) Associate. In the context of sections 344, 936 and 1151 of the Companies Act 2006 (independence requirement) in relation to an individual, it means the individual's spouse, civil partner, minor child, stepchild, body corporate of which the individual is a director or any employee or partner of the individual. In relation to a body corporate, it
Regulation of the legal profession in the
(8 days ago) Law firms typically choose their structure based on tax treatment, limitation of liability and ease of operation (that is, limited regulation and paperwork). Law firms can limit only their business liability. As a result, no structure can shield lawyers from their individual professional liability or that of lawyers under their immediate
Legal Systems in Ireland: Overview Practical Law
(8 days ago) Case law. The third primary source of law is common law or case law. A hierarchy also operates within the case law system and a judge must generally follow decisions of higher courts higher. Where there is a conflict between two judgments, the ranking of the court that issued the judgment decides which should apply.
Legal systems in Italy: overview Practical Law
(2 days ago) Law decrees. In extraordinary cases of necessity and urgency, the government can adopt, on its own initiative, provisional measures having the force of law (law decrees). Law decrees lose their force unless they are converted into law by Parliament within 60 days (Article 77, Constitution).
Standard documents and drafting notes: Family Practical Law
(8 days ago) The standard documents (and drafting notes) that are currently on Practical Law Family are listed below under the relevant topic. The same documents can also be viewed by clicking on the relevant subject in the Topic box on the Practical Law Family homepage and then selecting the "Documents" tab.
Legal systems in Turkey: overview Practical Law
(8 days ago) Law graduates must initially sit an entrance exam for legal professions. On passing this exam, the candidates will be eligible to sit a judicature internship exam, followed by an interview process. If they pass the internship exam and interview process, they are qualified as intern judges and prosecutors, and must complete a two-year internship
Legal systems in Indonesia: overview Practical Law
(8 days ago) A state administrative decision is a written decision issued by a state administrative official or institution, which contains administrative legal action based on the applicable laws and regulation with concrete, individual and final characteristics and has legal consequences for an individual or a private legal entity (Article 1 number 9, Law
LRHUDA 1993 (collective enfranchisement
(8 days ago) This note outlines the procedure to be followed by a group of residential tenants who are looking to acquire the freehold of their building, by exercising their right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).
Tort Practical Law
(8 days ago) The name given to the branch of law that imposes civil liability for breach of obligations imposed by law. The most common tort is the tort of negligence which imposes an obligation not to breach the duty of care (that is, the duty to behave as a reasonable person would behave in the circumstances) which the law says is owed to those who may foreseeably be injured by any particular conduct.
Doing business in Morocco: overview Practical Law
(8 days ago) The Law n°104-12 of 7 August 2014, implemented by a decree n°2-14-652, reformed competition law with effect from 5 December 2014. This law strictly regulates restrictive agreements and practices (including concerted practices). Agreements and practices whose object or effect is to prevent, restrict or distort competition are prohibited.
Legal systems in Hong Kong: overview Practical Law
(8 days ago) The current form of legal system in the HKSAR is the common law system. This is a continuation of the pre-existing 1997 legal system, before the resumption of the sovereignty of the HKSAR to the People's Republic of China. Under the principle of one country, two systems, Hong Kong will retain its common law system for 50 years after the 1997
Doing Business in Vietnam: Overview Practical Law
(8 days ago) The law relating to promotions is unique in that it is the only type of "commercial enhancement" that prohibits entities based outside of Vietnam from hiring Vietnamese business entities to engage in promotion activities on their behalf.
Commercial agents Practical Law
(8 days ago) This practice note examines the statutory and regulatory framework affecting commercial agents in the UK, in particular the application of the Commercial Agents Regulations 1993, UK competition law applicable to commercial agency agreements after Brexit, and various general statutes which are relevant to commercial agents, including the Corporate Insolvency and Governance Act 2020.
Governing law and jurisdiction clauses: Cross-border
(8 days ago) Parties to a contract are generally free to nominate, at the outset of their contractual relationship, the law that will govern their contract and the country whose courts will have jurisdiction to determine any dispute with the contract. However, this power to choose an appropriate governing law and the jurisdiction requires careful consideration.
Digital business in France: overview Practical Law
(8 days ago) The Law of 16 July 1949 on publications aimed at children (as amended by the Law of 17 May 2011) sets out the rules and guidance applicable if a website is aimed at children. This law (as amended) prohibits any content that presents a risk for youths being contained on a publication aimed at children, which will include any of the following:
Section 196, Law of Property Act 1925 Practical Law
(8 days ago) Section 196, Law of Property Act 1925. Toggle Table of Contents Table of Contents. Ctrl + Alt + T to open/close. Links to this primary source. Content referring to this primary source. Practical Law coverage of this primary source reference and links to the underlying primary source materials.
Legal systems in Germany: overview Practical Law
(8 days ago) The Basic Law provides for a bicameral legislative structure. The Federal Parliament is the general legislature, and the Federal Council (Bundesrat) is a second chamber representing the states on the federal level.The Basic Law specifies which laws may only be …
Legal systems in Canada: overview Practical Law
(8 days ago) Section 91 of the Constitution Act 1867 specifically sets out subject areas governed by federal law (such as criminal law, bankruptcy law and patent law), while section 92 sets out the subjects governed by provincial law (such as property and civil rights, municipal law, the administration of justice and the court system).
Regulation of the Legal Profession in
(8 days ago) Generally, Belgian law is very reluctant to allow structural forms of co-operation between lawyers and non-lawyers. Profit-sharing structures (where lawyers and non-lawyers provide a mixture of regulated legal services together with other non-legal services …
Doing business in Bahrain: overview Practical Law
(8 days ago) Law No. 35 of 2012 with respect to Consumer Protection is relevant. Due to the generic nature of the definitions of the term "advertiser", "products" and "supplier" the authors' are of the view that the Consumer Protection Law will apply to products that are marketed or …
Enforcement of judgments and arbitral
(8 days ago) Common law regime. Under the common law regime, the judgment must be final and conclusive and must be a judgment on the merits of the action. If the only way to contest the issues in the foreign jurisdiction is to appeal to a higher court, the judgment appealed from is regarded as final and conclusive, although enforcement proceedings may still
Arbitration procedures and practice in the United Arab
(8 days ago) The UAE also introduced Federal Law No. 6/2018 on Arbitration (Arbitration Law), the UAE's first stand-alone law on arbitration, which introduced, among other things, a more streamlined process to enforce domestic arbitration awards, as well as amendments to the UAE Civil Procedure Code to facilitate the recognition and enforcement of foreign arbitral awards.
Establishing a business in the United
(8 days ago) Common law trusts are used as an alternative to statutory trusts when there are regulatory or tax concerns. Delaware courts give the maximum allowable effect to freedom of contract when enforcing such instruments, making Delaware common law trusts much more permissive and flexible than other types of trusts.
Restructuring and insolvency in the United States
(8 days ago) The granting of security interests, whether in immovable property (real property) or movable property (personal property), is typically governed by state law. In general, bankruptcy courts will respect security interests so long as the form and methods of granting such interests comply with applicable state law.
Sale and Storage of Goods in Italy: Overview Practical Law
(8 days ago) This Q&A covers key matters relating to sale of goods contracts, including legislative framework, rules on formation, price and payment, delivery, passing of title and risk, enforcement and remedies, exclusion of liability, choice of law and jurisdiction, and arbitration. It also provides an overview of the rules governing storage of goods.
Private Client Law in Jersey: overview Practical Law
(8 days ago) The Probate Law amended the old common law rules and now, as a matter of Jersey law, a testamentary document is treated as properly executed (formally valid) if, at the time of its execution or at the time of the testator's death, its execution conforms to either Jersey law or the internal law …
Agricultural law in China: overview Practical Law
(8 days ago) A Q&A guide to agricultural law in China. The Q&A gives a high level overview of agricultural law, including subsidies, environmental issues, agricultural companies and co-operatives, land ownership and usage rights, water controls, tax and financing, crop seed business, plant variety right protection, GM crops, animal welfare, livestock gene
Practice notes: Employment Practical Law
(2 days ago) The practice notes that are currently on Practical Law Employment are listed below under the relevant topic. The same documents can also be viewed by clicking on the relevant subject in the Topic box on the Practical Law Employment homepage and then selecting the "Practice notes" tab. For our Scots law resources see the Scots law resource centre.
Establishing a business in Luxembourg Practical Law
(8 days ago) The legal system of the Grand-Duchy of Luxembourg (Luxembourg) is based on written civil law inspired by the French Napoleonian Civil Code (inherited from the Roman civil law tradition). Companies are governed by the Law of 10 August 1915, as amended (Company Law), which was heavily inspired from the liberal Belgian corporate legislation.
Environmental law and practice in Brazil: overview
(8 days ago) Law 12.305/2010: National Solid Waste Policy Act. Complementary Law 140/2011: Clarifies and delimits the environmental competences of each level of government in Brazil, with the aim of avoiding conflicts and overlaps, including with regard to environmental licensing. Law …
Family law in Singapore: overview Practical Law
(8 days ago) Case law suggests it is very challenging for one spouse to try to pierce the corporate veil of companies holding alleged assets said to be for the direct benefit of the other spouse: Yeo Chong Lin v Tay Ang Choo Nancy & Anor  2 SLR 1157 and TDS v TDT  SGHCF 7. 15.
Privilege: a world tour Practical Law
(8 days ago) Common law jurisdictions and civil law jurisdictions approach the concept of privilege of documents from a very different starting point. In the common law jurisdictions of the US, the UK and countries in which the civil litigation system is based predominantly on that of the UK, such as Hong Kong and Australia, privilege attaches to confidential documents and communications between client and
Environmental law and practice in the United Arab Emirates
(8 days ago) The primary legislation for environmental protection in the United Arab Emirates (UAE) is Federal Law No. 24 of 1999 for the protection and development of the environment ( Environmental Law ). Other laws relevant to environmental issues are: Federal Law No. 23 of 1999 regarding conservation of aquatic resources.
Arbitration procedures and practice in India: overview
(8 days ago) The law expressly prohibits courts from looking into the merits of the dispute while examining a challenge to an arbitral award and provides that an arbitral award cannot be set aside merely on the ground of an erroneous application of law or evidence. The recent amendments also clarify that a challenge on grounds of incapacity, insufficient
Sale and Storage of Goods in the
(2 days ago) To determine the law applicable to a dispute arising from the contract, the court will consider which country has the most substantive connection to the dispute and the parties. Specifically, a court will consider where the contract was made, negotiated, and is to be performed, as well as the parties' place of domicile, business or
Powers of attorney Practical Law
(8 days ago) Power to delegate. Power to appoint a substitute. Attorney's right to remuneration. Donor's ratification of attorney's acts. Indemnity in attorney's favour. Commencement and duration. Irrevocable powers: powers by way of security. Governing law and jurisdiction. 6 Executing an ordinary power of attorney.
Litigation and enforcement in Italy: overview Practical Law
(8 days ago) The applicable law to non-contractual obligations arising out of a tort (except for different criteria under Rome II itself) is the law of the country where the damage occurs. Finally, Italian law prevails in certain cases and fields of law regardless of the parties' choice. For example, Italian law will prevail in cases involving the following
Environmental law and practice in the Russian Federation
(8 days ago) Under Russian law, a party that harmed the environment as a result of an environmental violation (for example, through pollution or deterioration of soil quality) must compensate the harm caused in full. To do so, the responsible party may be required …
Legal systems in Australia: overview Practical Law
(8 days ago) The law on closed courts is found in section 71 of the Civil Procedure Act 2005 (NSW). At the federal level, various legislation may prohibit open courts where required by the needs of justice (such as section 17(4) of the Federal Court of Australia Act (Cth), section 15YP of the Crimes Act 1914 (Cth) and section 28 of the Witness Protection
Doing business in Kenya: overview Practical Law
(8 days ago) It is the employer's obligation to deduct and remit the PAYE tax to the Kenya Revenue Authority. The amount of PAYE tax that is payable is based on a graduated scale ranging from 10% to 30% of gross income. Under Kenyan law, both the employer and the employee must make monthly social security contributions.
Litigation and enforcement in Hong Kong: overview
(8 days ago) A Q&A guide to dispute resolution law in Hong Kong. The court has discretion to make an order for substituted service if it appears to the court that it is impracticable for any reason to serve a document in the manner prescribed (Order 65, rule 4(1), RHC).Substituted service is achieved by taking such steps as the court may direct to bring the document to the notice of the person to be served
Environmental Law and Practice in Turkey: Overview
(8 days ago) The draft law, originally known as the Nature Conservation and Biodiversity Law, has not entered into force and fails to meet the concerns of environmentalists. Some international conventions to which Turkey is a party contain relevant requirements, such as the: