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egal Terms – Force heirship
A principle in numerous foreign jurisdictions, such as France, is that a person's estate must devolve and be divided among specified relatives in specified proportions upon their demise. This devolution cannot be overridden by a will. Contrast the freedom of testation. EU regulation 650/2012, which was implemented on 17 August 2015, allows a national of an EU country to specify in their will that the law of their nationality will regulate the succession to their estate. This regulation is frequently referred to as "Brussels IV." The United Kingdom withdrew from the regulation prior to its decision to exit the European Union.
A principle in numerous foreign jurisdictions, such as France, is that a person's estate must devolve and be divided among specified relatives in specified proportions upon their demise. This devolution cannot be overridden by a will. Contrast the freedom of testation. EU regulation 650/2012, which was implemented on 17 August 2015, allows a national of an EU country to specify in their will that the law of their nationality will regulate the succession to their estate. This regulation is frequently referred to as "Brussels IV." The United Kingdom withdrew from the regulation prior to its decision to exit the European Union.
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Legal Terms – Force Marriage
A marriage in which one party does not consent to the union and there is a degree of coercion. A compelled marriage is voidable under the Matrimonial Causes Act 1973 s 12(1)(c) and can be annulled by the court, while an arranged marriage is lawful. The courts draw a clear distinction between the two. In the latter scenario, the families of both spouses are involved in the arrangement of the marriage; however, the decision to accept or decline it is ultimately up to the individuals (NS v MI). [2006] EWHC 1646 (Fam), [2007] 1 FLR 444; P v R (Forced Marriage: Annulment: Procedure) [2003] 1 FLR 661). Until recently, the sole civil remedy available to a victim was to petition for a *non-molestation order or a *occupation order under the Family Law Act 1996 or an injunction under the Protection from Harassment Act 1997. A forced marriage protection order, which is issued under pt 4A of the Family Law Act 1996, may now be used to safeguard victims of coerced marriages. There are criminal offenses that are both freestanding and related to the violation of an order.
A marriage in which one party does not consent to the union and there is a degree of coercion. A compelled marriage is voidable under the Matrimonial Causes Act 1973 s 12(1)(c) and can be annulled by the court, while an arranged marriage is lawful. The courts draw a clear distinction between the two. In the latter scenario, the families of both spouses are involved in the arrangement of the marriage; however, the decision to accept or decline it is ultimately up to the individuals (NS v MI). [2006] EWHC 1646 (Fam), [2007] 1 FLR 444; P v R (Forced Marriage: Annulment: Procedure) [2003] 1 FLR 661). Until recently, the sole civil remedy available to a victim was to petition for a *non-molestation order or a *occupation order under the Family Law Act 1996 or an injunction under the Protection from Harassment Act 1997. A forced marriage protection order, which is issued under pt 4A of the Family Law Act 1996, may now be used to safeguard victims of coerced marriages. There are criminal offenses that are both freestanding and related to the violation of an order.
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Legal Terms - forced marriage protection order
A legal order granting protection to an actual or potential victim of a forced marriage. The court possesses extensive authority to incorporate various provisions, including those that prohibit a potential victim from being removed from the UK for the purpose of overseas marriage or that prevent an individual (usually a family member) from harassing or contacting a woman who has departed the family and sought sanctuary elsewhere. A request for such an order may be submitted by the victim or a third party, such a relative or educator. A violation of an order constitutes a criminal offense.
A legal order granting protection to an actual or potential victim of a forced marriage. The court possesses extensive authority to incorporate various provisions, including those that prohibit a potential victim from being removed from the UK for the purpose of overseas marriage or that prevent an individual (usually a family member) from harassing or contacting a woman who has departed the family and sought sanctuary elsewhere. A request for such an order may be submitted by the victim or a third party, such a relative or educator. A violation of an order constitutes a criminal offense.
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Legal Terms – Forcible Entry
A common-law offense, modified by several statutes, applicable under specific situations when force is employed to enter premises. The common-law offence has been supplanted with a statutory offence concerning the use or threat of violence against individuals or property to gain access into premises (Criminal Law Act 1977). The offense is applicable only if an individual opposed to the entry is present on the premises and the offender is aware of this opposition. The offender's status as the legal owner or occupier of the premises does not provide a defense. Nonetheless, a specific defense exists if the offender can demonstrate that he was, at the pertinent time, a displaced residential occupier or a protected intending occupier in need of the property for habitation, possessing a qualifying freehold or leasehold interest, tenancy, or license, and was attempting to gain entry or traverse premises that provide access to his own residential dwelling. These restrictions are inapplicable to landlords attempting to reclaim possession, and making false representations while asserting protected occupant status is a summary offence. It is not an offense for an unlawfully evicted individual to employ force to re-enter their residence, provided that the force used is not excessive according to common law principles. The police may employ force to enter with legal permission.
A common-law offense, modified by several statutes, applicable under specific situations when force is employed to enter premises. The common-law offence has been supplanted with a statutory offence concerning the use or threat of violence against individuals or property to gain access into premises (Criminal Law Act 1977). The offense is applicable only if an individual opposed to the entry is present on the premises and the offender is aware of this opposition. The offender's status as the legal owner or occupier of the premises does not provide a defense. Nonetheless, a specific defense exists if the offender can demonstrate that he was, at the pertinent time, a displaced residential occupier or a protected intending occupier in need of the property for habitation, possessing a qualifying freehold or leasehold interest, tenancy, or license, and was attempting to gain entry or traverse premises that provide access to his own residential dwelling. These restrictions are inapplicable to landlords attempting to reclaim possession, and making false representations while asserting protected occupant status is a summary offence. It is not an offense for an unlawfully evicted individual to employ force to re-enter their residence, provided that the force used is not excessive according to common law principles. The police may employ force to enter with legal permission.
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Legal Terms – Foreclosure
A legal recourse accessible to a mortgagee when the mortgagor has defaulted on the repayment of a mortgage by the stipulated redemption date. The mortgagee has the right to initiate proceedings in the High Court to obtain an order establishing a deadline for debt repayment; failure of the mortgagor to comply by that date will result in foreclosure, leading to the loss of the mortgaged property. If, following the issuance of this order (a foreclosure order nisi), the mortgagor fails to remit payment on the specified date and location (often a chamber in the Royal Courts of Justice), the foreclosure becomes absolute, and the property then transfers to the mortgagee. The court possesses the power to permit the mortgagor to reopen the foreclosure and thereafter reclaim his property. The remedy is controversial; the mortgagee's power of sale may be more advantageous. Furthermore, if the mortgaged property is valued below the loan amount, the mortgagee is unable to pursue a claim for the remaining balance.
A legal recourse accessible to a mortgagee when the mortgagor has defaulted on the repayment of a mortgage by the stipulated redemption date. The mortgagee has the right to initiate proceedings in the High Court to obtain an order establishing a deadline for debt repayment; failure of the mortgagor to comply by that date will result in foreclosure, leading to the loss of the mortgaged property. If, following the issuance of this order (a foreclosure order nisi), the mortgagor fails to remit payment on the specified date and location (often a chamber in the Royal Courts of Justice), the foreclosure becomes absolute, and the property then transfers to the mortgagee. The court possesses the power to permit the mortgagor to reopen the foreclosure and thereafter reclaim his property. The remedy is controversial; the mortgagee's power of sale may be more advantageous. Furthermore, if the mortgaged property is valued below the loan amount, the mortgagee is unable to pursue a claim for the remaining balance.
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Legal Terms – Foreign Agreement
A contract whose governing law is that of a jurisdiction outside of England and Wales, Northern Ireland, or Scotland. Examine foreign legislation; applicable law governing a deal.
A contract whose governing law is that of a jurisdiction outside of England and Wales, Northern Ireland, or Scotland. Examine foreign legislation; applicable law governing a deal.
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Legal Terms – Foreign Bill
Any bill of exchange excluding an inland bill. The distinction pertains to the actions undertaken when the bill has been dishonored (refer to dishonor).
Any bill of exchange excluding an inland bill. The distinction pertains to the actions undertaken when the bill has been dishonored (refer to dishonor).
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Legal Terms – Foreign Company
A corporation established outside the UK yet possessing a business location within the UK. Foreign corporations must adhere to the stipulations of the Companies Act 2006 concerning registration, financial statements, nomenclature, and other related matters.
A corporation established outside the UK yet possessing a business location within the UK. Foreign corporations must adhere to the stipulations of the Companies Act 2006 concerning registration, financial statements, nomenclature, and other related matters.
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Legal Terms – Foreign Enlistment
The violation of the Foreign Enlistment Act 1870 involves enlisting oneself or others, without the Crown's authorization, for military service with a foreign nation engaged in conflict with a state at peace with the UK. A foreign state, for this purpose, encompasses a portion of a province or individuals exercising or claiming governmental authority. Under the Act, it is also an offense, unless licensed, to construct or equip any vessel for such duty or to organize any naval or military expedition against a state with which the UK is at peace.
The violation of the Foreign Enlistment Act 1870 involves enlisting oneself or others, without the Crown's authorization, for military service with a foreign nation engaged in conflict with a state at peace with the UK. A foreign state, for this purpose, encompasses a portion of a province or individuals exercising or claiming governmental authority. Under the Act, it is also an offense, unless licensed, to construct or equip any vessel for such duty or to organize any naval or military expedition against a state with which the UK is at peace.
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Legal Terms – Foreign Judgements
Under common law, the judgment of a foreign court may be enforced in England if certain criteria are satisfied. Furthermore, foreign judgments may be registered for enforcement by English courts pursuant to various statutory provisions, particularly those outlined in the Administration of Justice Act 1970, the Foreign Judgments (Reciprocal Enforcement) Act 1933, the Civil Jurisdiction and Judgments Act 1982 (as amended), and the Judgments Regulation. Part 74 of the Civil Procedure Rules delineates the applicable procedural regulations.
Under common law, the judgment of a foreign court may be enforced in England if certain criteria are satisfied. Furthermore, foreign judgments may be registered for enforcement by English courts pursuant to various statutory provisions, particularly those outlined in the Administration of Justice Act 1970, the Foreign Judgments (Reciprocal Enforcement) Act 1933, the Civil Jurisdiction and Judgments Act 1982 (as amended), and the Judgments Regulation. Part 74 of the Civil Procedure Rules delineates the applicable procedural regulations.
