Private international law

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15 Terms

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private international law (conflict of laws)

branch of law that deals with the resolution and the determination of the law applicable to cases in which the laws of different jurisdictions are asserted (rahvusvaheline eraÔigus); conflict of law rules - kollisiooninormid

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implementation

the process by which a law or policy is put into operation (kohaldamine)

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domicile

residence (elukoht)

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renvoi (transmission and remission)

the reference of a matter involving a conflict of laws to the law of the foreign jurisdiction involved including reference to the jurisdiction's rules governing conflicts of laws (tagasisaade ja edasiviide)

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mandatory rules of law

laws that apply irrespective of the law chosen by the parties to govern their contractual relations (kohustuslikud sÀtted)

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creation and exhaustion (e.g. of a real right)

the act of starting and ending (a right) (tekkimine; lÔppemine)

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applicable law (to apply law; application of law)

binding law (kohaldatav)

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right in rem

right in property (asjaÔigus)

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waive one's rights

to voluntarily give up a right (loobuma Ôigusest)

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implicitly

without formally stating, but by action (vaikimisi)

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substantive law

group of laws that define rights and duties (materiaalÔigus)

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procedural law

set of laws that define the methods for enforcing legal rights and duties (menetlusÔigus)

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derogate from

to deviate from a set of rules or standards in treaties or international conventions (nt Ôigusnormide kohaldamisest kÔrvale kalduma)

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passive legal capacity

the capacity to have right and duties (ÔigusvÔime)

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active legal capacity

the capacity to enter independently into valid transactions (teovÔime)