Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Berne Convention.
An international copyright treaty - drawn up in Berne in 1886 and re- vised in Berlin in 1908, now administered by the World Intellectual Property Organization - providing that works created by citizens of one signatory nation will be protected in other signatory nations, without the need for local formalities. 0 The United States ratified the Berne Convention in 1989 and modified several aspects of U.S. copyright law to comply with the treaty's terms.
Contractus legem ex conventione accipiunt
Contracts receive legal validity from the agreement of the parties.
Convention
1.An agreement or compact, esp. one among nations; a multilateral treaty <the Geneva Convention>. See TREATY. 2. An assembly or meeting of members belonging to an organization or having a common objective <an ABA convention>. 3. A generally accepted rule or practice; usage or custom <the court dispensed with the convention of having counsel approach the bench>.
Conventional
adj. 1. Customary; orthodox; traditional <conventional motion practice>. 2. Depending on, or arising from, the agreement of the parties, as distinguished from something arising by law <conventional subrogation>. 3.Arising by treaty or conrontt:m c(a:•:<!itl .•mi international law =,
Conventionalism makes two postinterpretiN, claims.
The first is positive: that judges must respect t' e established legal conventions of their community excel in rare circumstances. It insists, in other words, tlw they must treat as law what convention stipulates c law. Since convention in Britain establishes that acts Parliament are law, a British judge must enforce eve: acts of Parliament he considers unfair or unwise. The positive part of conventionalism most plainly corn sponds to the popular slogan that judges should follo, the law and not make new law in its place. The secon, claim, which is at least equally important, is negative. declares that there is no law - no right flowing frou, past political decisions - apart from the law drawn fro those decisions by techniques that are the
Geneva Convention
An international agreement establishing the proper treatment of prisoners of war and of persons injured or killed in battle. ( Drafted in 1864, the Convention has since been adopted in revised form by most nations.
Hague Convention
One of a number of international conventions that address different legal issues and attempt to standardize procedures between nations.
Hague Convention on the Civil Aspects of International Child Abduction.
An international convention (established in 1980) that seeks to counteract child-snatching by noncustodici. ;;-rents. a The Hague Convention is a priva . ! legal mechanism available to parents seekhig the return of, or access to, their children. More than 46 countries are parties to the Convention, including the United States, which became a signatory on July 1, 1988.
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
An international convention, convened on November 15, 1965, that dictates the formal and usu. complicated procedures for effecting service of process in a foreign country. ( More than 35 countries are parties to the convention, including the United States, which became a signatory on February 10, 1969.
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
An international convention, convened on October 26, 1968, that provides the formal procedures for obtaining evidence in a foreign country, such as taking a deposition abroad. ( More than 27 countries are parties, including the United States, which became a signatory on October 7, 1972.
In conventionibus, contrahentium voluntas potius quam verba spectari placuit.
In agreements, the intention of the contracting parties should be regarded more than their, words.
Nemo sine actione experitur, et hoc non sine breve sive libello conventionali
No one goes to trial without an action, and no one can bring an action without a writ or bill.
Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action.
Universal Copyright Convention
An international convention, first adopted in the United States in 1955, by which signatory countries agree to give the published works of a member country the same protection as that given to works of its own citizens. - Abbr. UCC.
Warsaw Convention
Int'Z law. A treaty (to which the United States is a party) negotiated in Warsaw, Poland, in 1929, consisting of uniform rules governing claims made for personal injuries, arising out of international air travel. Cf. MONTREAL AGREEMENT.
agreement relating to liability limitation of the warsaw convention and the hague protocol.
see montreal agreement.
breve de conventione.
See WRIT OF COVENANT.
constitutional convention
An assembly of state or national delegates who meet to frame, amend, or revise their constitution.
conventional custom
A custom that operates only indirectly through the medium of agreements, so that it is accepted and adopted in individual instances as conventional law between the parties to those agreements. - Also termed usage. See USAGE.
conventional interest
See INTEREST (3)
conventional law
See CONVENTIONAL LAW.
conventional lien
A lien that is created by the express agreement of the parties, in circumstances in which the law would not create a lien.
conventional loan
See conventional mortgage under mortgage.
conventional mortgage
A mortgage, not backed by government insurance, by which the borrower transfers a lien or title to the lending bank or other financial institution. ( These mortgages, which feature a fixed periodic payment of principal and interest throughout the mortgage term; are typically used for home financing. - Also termed conventional loan.
conventional obligation
. An obligation that results from actual agreement of the parties; a contractual obligation. Cf. obediential obligation.
conventional remission
See REMISSION.
conventional remission. Civil law
A remission expressly granted to a debtor by a creditor having capacity to alienate.
conventional sequestration
The parties' voluntary deposit of the property at issue in a lawsuit.
conventional subrogation
Subrogation that arises by contract or by an express act of the parties.
conventionalism
A jurisprudential conception of legal practice and tradition holding that law is a matter of respecting and enforcing legal and social rules.
conventione
[Latin] Hist. A writ for the breach of a written covenant. ( This writ was often used when parties wished to convey land by fine. - Also termed writ of covenant. See FINE (1).
heir conventional
See HEIR.
libellus conventionis
n. [Latin] Roman law. The statement of a plaintiff's claim in a petition sent to the magistrate, who directs its delivery to the defendant. "The libellus conventionis was very like the intentio of the formulary system, and the modern statement of claim, since it set forth in a succinct manner the nature of the plaintiffs right and the circumstances attending its alleged violation." RW. Leage, Roman Private Law 417 (C.H. Ziegler ed., 2d ed. 1930).
nativi conventionarii
, n. pl. [Law Latin] Hist. Villeins by contract.
non infregit conventionem
[Latin "he committed no breach of covenant"] Hist. A defensive plea in an action for breach of covenant.
plan-of-the-convention doctrine
The principle that each U.S. state, by ratifying the U.S. Constitution, has consented to the possibility of being sued by each of the other states, and has no immunity from such a suit under the 11th Amendment.
plea in reconvention
See PLEA (3 ).
reconvention. Civil law.
The act or process of making a counterclaim. See COUNTERCLAIM.
reconventional demand.
See DEMAND (1).