The European Union is a political and economic union of 28 member states that are located in Europe. It has an area of an estimated population of about 513 million; the EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, only those matters, where members have agreed to act as one. EU policies aim to ensure the free movement of people, goods and capital within the internal market, enact legislation in justice and home affairs and maintain common policies on trade, agriculture and regional development. For travel within the Schengen Area, passport controls have been abolished. A monetary union was established in 1999 and came into full force in 2002 and is composed of 19 EU member states which use the euro currency; the EU and European citizenship were established when the Maastricht Treaty came into force in 1993. The EU traces its origins to the European Coal and Steel Community and the European Economic Community, established by the 1951 Treaty of Paris and 1957 Treaty of Rome.
The original members of what came to be known as the European Communities were the Inner Six: Belgium, Italy, the Netherlands, West Germany. The Communities and its successors have grown in size by the accession of new member states and in power by the addition of policy areas to its remit; the latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. While no member state has left the EU or its antecedent organisations, the United Kingdom signified the intention to leave after a membership referendum in June 2016 and is negotiating its withdrawal. Covering 7.3% of the world population, the EU in 2017 generated a nominal gross domestic product of 19.670 trillion US dollars, constituting 24.6% of global nominal GDP. Additionally, all 28 EU countries have a high Human Development Index, according to the United Nations Development Programme. In 2012, the EU was awarded the Nobel Peace Prize. Through the Common Foreign and Security Policy, the EU has developed a role in external relations and defence.
The union maintains permanent diplomatic missions throughout the world and represents itself at the United Nations, the World Trade Organization, the G7 and the G20. Because of its global influence, the European Union has been described as an emerging superpower. During the centuries following the fall of Rome in 476, several European States viewed themselves as translatio imperii of the defunct Roman Empire: the Frankish Empire and the Holy Roman Empire were thereby attempts to resurrect Rome in the West; this political philosophy of a supra-national rule over the continent, similar to the example of the ancient Roman Empire, resulted in the early Middle Ages in the concept of a renovatio imperii, either in the forms of the Reichsidee or the religiously inspired Imperium Christianum. Medieval Christendom and the political power of the Papacy are cited as conducive to European integration and unity. In the oriental parts of the continent, the Russian Tsardom, the Empire, declared Moscow to be Third Rome and inheritor of the Eastern tradition after the fall of Constantinople in 1453.
The gap between Greek East and Latin West had been widened by the political scission of the Roman Empire in the 4th century and the Great Schism of 1054. Pan-European political thought emerged during the 19th century, inspired by the liberal ideas of the French and American Revolutions after the demise of Napoléon's Empire. In the decades following the outcomes of the Congress of Vienna, ideals of European unity flourished across the continent in the writings of Wojciech Jastrzębowski, Giuseppe Mazzini or Theodore de Korwin Szymanowski; the term United States of Europe was used at that time by Victor Hugo during a speech at the International Peace Congress held in Paris in 1849: A day will come when all nations on our continent will form a European brotherhood... A day will come when we shall see... the United States of America and the United States of Europe face to face, reaching out for each other across the seas. During the interwar period, the consciousness that national markets in Europe were interdependent though confrontational, along with the observation of a larger and growing US market on the other side of the ocean, nourished the urge for the economic integration of the continent.
In 1920, advocating the creation of a European economic union, British economist John Maynard Keynes wrote that "a Free Trade Union should be established... to impose no protectionist tariffs whatever against the produce of other members of the Union." During the same decade, Richard von Coudenhove-Kalergi, one of the first to imagine of a modern political union of Europe, founded the Pan-Europa Movement. His ideas influenced his contemporaries, among which Prime Minister of France Aristide Briand. In 1929, the latter gave a speech in favour of a European Union before the assembly of the League of Nations, precursor of the United Nations. In a radio address in March 1943, with war still raging, Britain's leader Sir Winston Churchill spoke warmly of "restoring the true greatness of Europe" once victory had been achieved, mused on the post-war creation of a "Council of Europe" which would bring the European nations together to build peace. After World War II, European integration was seen as an antidote to the extreme nationalism which had devastated the continent.
In a speech delivered on 19
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order initiated by the debtor. Bankruptcy is not the only legal status that an insolvent person may have, the term bankruptcy is therefore not a synonym for insolvency. In some countries, such as the United Kingdom, bankruptcy is limited to individuals. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used for cases of fraudulent bankruptcy, whereas the term faillite is used for bankruptcy in accordance with the law; the word bankruptcy is derived from Italian banca rotta, meaning "broken bench", which may stem from a widespread custom in the Republic of Genoa of breaking a moneychanger's bench or counter to signify their insolvency, or which may be only a figure of speech. In Ancient Greece, bankruptcy did not exist.
If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery", until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime under harsher conditions. An exception to this rule was Athens; the Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency. Bankruptcy is documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times. A failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557, 1560, 1575 and 1596. According to Kenneth S. Rogoff, "Although the development of international capital markets was quite limited prior to 1800, we catalog the various defaults of France, Prussia and the early Italian city-states.
At the edge of Europe, Egypt and Turkey have histories of chronic default as well." The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodeling of the financial and organizational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of the business. For private households, some argue that it is insufficient to dismiss debts after a certain period, it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. It has been stressed that debt advice, a supervised rehabilitation period, financial education and social help to find sources of income and to improve the management of household expenditures must be provided during this period of rehabilitation. In most EU Member States, debt discharge is conditioned by a partial payment obligation and by a number of requirements concerning the debtor's behavior.
In the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system; the Other Member States do not provide the option of a debt discharge. Spain, for example, passed a bankruptcy law in 2003 which provides for debt settlement plans that can result in a reduction of the debt or an extension of the payment period of maximally five years, but it does not foresee debt discharge. In the US, it is difficult to discharge federal or federally guaranteed student loan debt by filing bankruptcy. Unlike most other debts, those student loans may be discharged only if the person seeking discharge establishes specific grounds for discharge under the Brunner test, under which the court evaluates three factors: If required to repay the loan, the borrower cannot maintain a minimal standard of living. If a debtor proves all three elements, a court may permit only a partial discharge of the student loan. Student loan borrowers may benefit from restructuring their payments through a Chapter 13 bankruptcy repayment plan, but few qualify for discharge of part or all of their student loan debt.
Bankruptcy fraud is a white-collar crime. While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, fee fixing or redistribution arrangements. Falsifications on bankruptcy forms constitute perjury. Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U. S. bankruptcy fraud statutes are focused on the mental state of particular actions. Bankruptcy fraud is a federal crime in the United States. Bankruptcy fraud should be distinguished from strategic bankruptcy, not a criminal act since it creates a real bankruptcy state. Howeve
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the "arbitration award". An arbitration award is binding on both sides and enforceable in the courts. Arbitration is used for the resolution of commercial disputes in the context of international commercial transactions. In certain countries such as the United States, arbitration is frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration commercial arbitration. Arbitration can be either binding or non-binding. Non-binding arbitration is similar to mediation in. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the arbiter remains removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.
By one definition arbitration is binding and non-binding arbitration is therefore technically not arbitration. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of appeal of arbitration awards. Arbitration is not the same as: judicial proceedings, alternative dispute resolution, expert determination, mediation. Parties seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings. Companies require arbitration with their customers, but prefer the advantages of courts in disputes with competitors: In contrast to litigation, where one cannot "choose the judge", arbitration allows the parties to choose their own tribunal; this is useful when the subject matter of the dispute is technical: arbitrators with an appropriate degree of expertise can be chosen. Arbitration is faster than litigation in court.
Arbitral proceedings and an arbitral award are non-public, can be made confidential. In arbitral proceedings the language of arbitration may be chosen, whereas in judicial proceedings the official language of the country of the competent court will be automatically applied; because of the provisions of the New York Convention 1958, arbitration awards are easier to enforce in other nations than court verdicts. In most legal systems there are limited avenues for appeal of an arbitral award, sometimes an advantage because it limits the duration of the dispute and any associated liability; some of the disadvantages include: Arbitration agreements are sometimes contained in ancillary agreements, or in small print in other agreements, consumers and employees do not know in advance that they have agreed to mandatory binding pre-dispute arbitration by purchasing a product or taking a job. If the arbitration is mandatory and binding, the parties waive their rights to access the courts and to have a judge or jury decide the case.
If the arbitrator or the arbitration forum depends on the corporation for repeat business, there may be an inherent incentive to rule against the consumer or employee There are limited avenues for appeal, which means that an erroneous decision cannot be overturned. Although thought to be speedier, when there are multiple arbitrators on the panel, juggling their schedules for hearing dates in long cases can lead to delays. In some legal systems, arbitration awards have fewer enforcement options than judgments. Arbitrators are unable to enforce interlocutory measures against a party, making it easier for a party to take steps to avoid enforcement of member or a small group of members in arbitration due to increasing legal fees, without explaining to the members the adverse consequences of an unfavorable ruling. Discovery may be more limited in arbitration or nonexistent; the potential to generate billings by attorneys may be less than pursuing the dispute through trial. Unlike court judgments, arbitration awards themselves are not directly enforceable.
A party seeking to enforce an arbitration award must resort to judicial remedies, called an action to "confirm" an award. By their nature, the subject matter of some disputes is not capable of arbitration. In general, two groups of legal procedures cannot be subjected to arbitration: Procedures which lead to a determination which the parties to the dispute may not enter into an agreement upon: Some court procedures lead to judgments which bind all members of the general public, or public authorities in their capacity as such, or third parties, or wh
Inheritance is the practice of passing on property, debts and obligations upon the death of an individual. The rules of inheritance have changed over time. In law, an heir is a person, entitled to receive a share of the deceased's property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased died or owned property at the time of death; the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid and the intestate laws apply. A person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim. There is a further concept of joint inheritance, pending renunciation by all but one, called coparceny.
In modern law, the terms inheritance and heir refer to succession to property by descent from a deceased dying intestate. Takers in property succeeded to under a will are termed beneficiaries, devisees for real property, bequestees for personal property, or legatees for money. Except in some jurisdictions where a person cannot be disinherited, a person who would be an heir under intestate laws may be disinherited under the terms of a will. Detailed anthropological and sociological studies have been made about customs of patrilineal inheritance, where only male children can inherit; some cultures employ matrilineal succession, where property can only pass along the female line, most going to the sister's sons of the decedent. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order; the inheritance is patrilineal. The father —that is, the owner of the land— bequeaths only to his male descendants, so the Promised Land passes from one Jewish father to his sons.
If there were no living sons and no descendants of any living sons, daughters inherit. In Numbers 27:1-4, the daughters of Zelophehad of the tribe of Manasseh come to Moses and ask for their father's inheritance, as they have no brothers; the order of inheritance is set out in Numbers 27:7-11: a man's sons inherit first, daughters if no sons, brothers if he has no children, so on. In Numbers 36, some of the heads of the families of the tribe of Manasseh come to Moses and point out that, if a daughter inherits and marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if a daughter inherits land, she must marry someone within her father's tribe; the tractate Baba Bathra, written during late Antiquity in Babylon, deals extensively with issues of property ownership and inheritance according to Jewish Law. Other works of Rabbinical Law, such as the Hilkhot naḥalot: mi-sefer Mishneh Torah leha-Rambam, the Sefer ha-yerushot: ʻim yeter ha-mikhtavim be-divre ha-halakhah be-ʻAravit uve-ʻIvrit uve-Aramit deal with inheritance issues.
The first abbreviated to Mishneh Torah, was written by Maimonides and was important in Jewish tradition. All these sources agree that the firstborn son is entitled to a double portion of his father's estate: Deuteronomy 21:17; this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives each of the other eight receive a tenth. If the eldest surviving son is not the firstborn son, he is not entitled to the double portion. Philo of Alexandria and Josephus comment on the Jewish laws of inheritance, praising them above other law codes of their time, they agreed that the firstborn son must receive a double portion of his father's estate. The New Testament does not mention anything about inheritance rights: the only story mentioning inheritance is that of the Prodigal Son, but that involved the father voluntarily passing his estate to his two sons prior to his death; the topic is not discussed among doctrinal statements of various denominations or sects, leaving that to be a matter of secular concern.
The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time. Furthermore, the Quran introduced additional heirs that were not entitled to inheritance in pre-Islamic times, mentioning nine relatives of which six were female and three wer
Social security is "any government system that provides monetary assistance to people with an inadequate or no income." In the United States, this is called welfare or a social safety net when talking about Canada and European countries. Social security is asserted in Article 22 of the Universal Declaration of Human Rights, which states: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic and cultural rights indispensable for his dignity and the free development of his personality. In simple terms, the signatories agree that the society in which a person lives should help them to develop and to make the most of all the advantages which are offered to them in the country. Social security may refer to the action programs of an organization intended to promote the welfare of the population through assistance measures guaranteeing access to sufficient resources for food and shelter and to promote health and well-being for the population at large and vulnerable segments such as children, the elderly, the sick and the unemployed.
Services providing social security are called social services. Terminology in this area is somewhat different in the United States from in the rest of the English-speaking world; the general term for an action program in support of the well being of poor people in the United States is welfare program, the general term for all such programs is welfare. In American society, the term welfare arguably has negative connotations. In the United States, the term Social Security refers to the US social insurance program for all retired and disabled people. Elsewhere the term is used in a much broader sense, referring to the economic security society offers when people are faced with certain risks. In its 1952 Social Security Convention, the International Labour Organization defined the traditional contingencies covered by social security as including: Survival beyond a prescribed age, to be covered by old age pensions. People who cannot reach a guaranteed social minimum for other reasons may be eligible for social assistance.
Modern authors consider the ILO approach too narrow. In their view, social security is not limited to the provision of cash transfers, but aims at security of work and social participation. Social security may refer to: social insurance, where people receive benefits or services in recognition of contributions to an insurance program; these services include provision for retirement pensions, disability insurance, survivor benefits and unemployment insurance. Services provided by government or designated agencies responsible for social security provision. In different countries, that may include medical care, financial support during unemployment, sickness, or retirement and safety at work, aspects of social work and industrial relations. Basic security irrespective of participation in specific insurance programs where eligibility may otherwise be an issue. For instance, assistance given to newly arrived refugees for basic necessities such as food, housing, education and medical care. A report published by the ILO in 2014 estimated that only 27% of the world's population has access to comprehensive social security.
While several of the provisions to which the concept refers have a long history, the notion of "social security" itself is a recent one. The earliest examples of use date from the 19th century. In a speech to mark the independence of Venezuela, Simón Bolívar pronounced: "El sistema de gobierno más perfecto es aquel que produce mayor suma de felicidad posible, mayor suma de seguridad social y mayor suma de estabilidad política". In the Roman Empire, the Emperor Trajan distributed gifts of money and free grain to the poor in the city of Rome, returned the gifts of gold sent to him upon his accession by cities in Italy and the provinces of the Empire. Trajan's program brought acclaim including Pliny the Younger. In Jewish tradition, charity is a matter of religious obligation rather than benevolence. Contemporary charity is regarded as a continuation of the Biblical Maaser Ani, or poor-tithe, as well as Biblical practices, such as permitting the poor to glean the corners of a field and harvest during the Shmi
Will and testament
A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy. Though it has at times been thought that a "will" was limited to real property while "testament" applies only to dispositions of personal property, the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both real property. A will may create a testamentary trust, effective only after the death of the testator. Throughout most of the world, disposal of an estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon, it was a device intended for men who died without an heir. The English phrase "will and testament" is derived from a period in English law when Old English and Law French were used side by side for maximum clarity.
Other such legal doublets include "breaking and entering" and "peace and quiet". The conception of the freedom of disposition by will, familiar as it is in modern England and the United States, both considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems put some restrictions on the possibilities of disposal. Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. However, it was observed that "ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will", with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence.
Types of wills include: nuncupative - oral or dictated. Holographic will - written in the hand of the testator. Self-proved - in solemn form with affidavits of subscribing witnesses to avoid probate. Notarial - will in public prepared by a civil-law notary. Mystic - sealed until death. Serviceman's will - will of person in active-duty military service and lacking certain formalities under English law. Reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties that make similar or identical provisions in favor of each other. Unsolemn will - will in which the executor is unnamed. Will in solemn form - signed by testator and witnesses; some jurisdictions recognize a holographic will, made out in the testator's own hand, or in some modern formulations, with material provisions in the testator's hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, that it need not be witnessed. In Louisiana this type of testament is called an Mystic will.
It must be written and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. Any additions or corrections must be hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service. A minority of jurisdictions recognize the validity of nuncupative wills for military personnel or merchant sailors. However, there are constraints on the disposition of property if such an oral will is used. Administrator - person appointed or who petitions to administer an estate in an intestate succession; the antiquated English term of administratrix was used to refer to a female administrator but is no longer in standard legal usage. Beneficiary - anyone receiving a gift or benefiting from a trust Bequest - testamentary gift of personal property, traditionally other than money. Codicil - amendment to a will. Decedent - the deceased Demonstrative Legacy - a gift of a specific sum of money with a direction, to be paid out of a particular fund.
Descent - succession to real property. Devise - testamentary gift of real property. Devisee - beneficiary of real property under a will. Distribution - succession to personal property. Executor/executrix or personal representative - person named to administer the estate subject to the supervision of the probate court, in accordance with the testator's wishes in the will. In most cases, the testator will nominate an executor/PR in the will unless that person is unable or unwilling to serve. In some cases a literary executor may be appointed to manage a literary estate. Exordium clause is the first paragraph or sentence in a will and testament, in which the testator identifies himself or herself, states a legal domicile, revokes any prior wills. Inheritor - a beneficiary in a succession, testate or intestate. Intestate - person who has not created a will, or who does not have a valid will at the time of death. Legacy - testamentary gift of personal property, traditionally of m
An exequatur is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. The word is a form of the Latin verb "exequi", which denotes "let it be executed". An exequatur is a patent which a head of state issues to a foreign consul, guaranteeing the consul's rights and privileges of office and ensuring recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him. An exequatur is a legal instrument issued by secular authorities in Roman Catholic nations to guarantee the legal force of Papal doctrines within the jurisdiction of the secular authority; this custom began during the Western Schism, when the legitimately elected Supreme Pontiff permitted secular leaders to verify the authenticity of Papal decrees before enforcing them.
Some dissidents in the Church claim, that the custom arose as an implication of the nature of secular authority over the Church and that such a state privilege to verify Papal doctrine was exercised since the early days of the Church. However, Church doctrine denies that any permission from secular authority is necessary for Papal decrees to be effective though secular authorities sometimes do not enforce them. In Brazilian, Luxembourg, Italian and Spanish law, an exequatur is a judgment of a tribunal that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal. In Puerto Rico, an exequatur is a document that validates a court order of a United States civil court as if a court of the Commonwealth of Puerto Rico issued it. Http://motte-suraniti-avocat.com/en/exequatur: description of the exequatur in French law This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed..
"Exequatur". Encyclopædia Britannica. 10. Cambridge University Press. P. 65