Explaining Relative Clauses in Latin

Relative clauses in Latin refer to clauses introduced by relative pronouns or relative adverbs. The relative clause construction includes a main or independent clause modified by its dependent of subordinate clause. It is the subordinate clause that holds the relative pronoun or relative adverb giving its name to this type of clause. The subordinate clause usually also contains a finite verb. Latin uses relative clauses where you might sometimes find a participle or a simple appositive in English. pontem qui erat ad Genavamthe bridge (which was) at GenevaCaesar .7.2 Antecedents... or Not Relative clauses modify the noun or pronoun of the main clause. The noun in the main clause is referred to as the antecedent. This is true even when the antecedent comes after the relative pronoun.This antecedent noun can even appear within the relative clause.Finally, an antecedent that is an in indefinite may not appear at all. ut quae bello ceperint quibus vendant habeantthat they may have (people) to whom to sell what they take in warCaesar De Bello Gallico 4.2.1 Markers of the Relative Clause The relative pronouns are normally: Qui, Quae, Quod orquicumque, quecumque, and quodcumque) orquisquid, quidquid. quidquid id est, timeÃ…  DanaÃ… s et dÃ… na ferentÄ“swhatever it is, I fear the Greeks even when they offer gifts.Vergil .49 These relative pronouns agree in gender, person (if relevant), and number with the antecedent (the noun in the main clause that is modified in the relative clause), but its case is usually determined by the construction of the dependent clause, although occasionally, it comes from its antecedent. Here are three examples from Bennetts New Latin Grammar. The first two show the relative pronoun taking its case from the construction and the third shows it taking it from either the construction or the antecedent, but its number comes from an unspecified term in the antecedent: mulier quam vidÄ“bÄ musthe woman whom we sawbona quibus fruimusthe blessings which we enjoypars quÄ « bÄ“stiÄ «s objectÄ « sunta part (of the men) who were thrown to beasts. Harkness notes that in poetry sometimes the antecedent can take the case of the relative and even be incorporated into the relative clause, where the relative agrees with the antecedent. An example he gives comes from Vergil: Urbem, quam statuo, vestra estThe city, which I am building is yours..573 The relative adverbs are normally: ubi, unde, quo, orqua. nihil erat quo famem tolerarentthere was no means by which they could relieve their starvationCaesar .28.3 Latin uses the adverbs more than in English. Thus instead of the man from whom you heard it, Cicero says the man whence you heard it: is unde te audisse dicisCicero De Oratore. 2.70.28 Relative Clause vs. Indirect Question Sometimes these two constructions are indistinguishable. Sometimes it makes no difference; other times, it changes the meaning. Relative Clause: effugere nÄ“mÃ…  id potest quod futÃ… «rum estno one can escape what is destined to come to passIndirect Question: saepe autem ne Ã… «tile quidem est scÄ «re quid futÃ… «rum sitbut often it is not even useful to know what is coming to pass. Sources Baldi, Philip. Complex Sentences, Grammaticalization, Typology. Walter de Gruyter, 2011.Brà ¤unlich, A. F. The Confusion of the Indirect Question and the Relative Clause in Latin. Classical Philology 13.1 (1918).  60–74.Carver. Katherine E. Straightening out the Latin Sentence. The Classical Journal 37.3 (1941). 129-137.Greenough, J.B. G.L. Kitteredge, A.A. Howard, and Benjamin L. D’Ooge (eds). Allen and Greenough’s New Latin Grammar for Schools and Colleges. Boston: Ginn Co., 1903.  Hale, William Gardner Hale, and Carl Darling Buck. A Latin Grammar. Boston: Atheneum Press, 1903.  Harkness, Albert. A Complete Latin Grammar. New York: American Book Company, 1898.

Nighteen Eighty-Four by George Orwell - 1970 Words

Throughout George Orwell’s novel Nineteen Eight-Four, the main character, Winston Smith, is shown as a rebellious Party member who often shows his lack of concern of others. Winston’s attitude towards others is emotionless and loveless. Even his wife whom he had been married to for eleven years, he describes as that â€Å"he was capable of forgetting that he had ever been married† (Orwell 67). Also, Syme, Winston’s friend, disappears and Winston shows no sign of sadness or concern. Even towards Winston’s secret lover, whom he had secretly broken Party laws with and shared a sexual relationship, he states that â€Å"he felt love no for her† (Orwell 229). Many of his thoughts could be because of the government’s total control of the country and its people. However, Winston constantly rejects the ideas of the government. There is only one character that Winston seems to never get enough of, O’Brien. Winston is seen constantly bei ng fixated on O’Brien. Winston dreams of and admires O’Brien and is described as being â€Å"deeply drawn to him† (Orwell 11). Oddly enough, besides O’Brien, Winston is not close with any other male. Winston mentions his mother and even thinks he finds her while being held captive; however, Winston never mentions a father. This lack of male guidance that Winston receives opens himself not only to be star struck by O’Brien but also opens up the ability for the totalitarian regime to conquer his mind. Writer of Nineteen Eighty- Four, George Orwell, lived until he wasShow MoreRelatedNighteen Eighty-Four by George Orwell710 Words   |  3 PagesWiston was member of the ruling Party in London, i the nation of Oceania. Everywhere he goes he is being watched through television screens, by the Party. The Party controlled everything in Oceania, including the language. The party was forcing a language called â€Å"Newspeak† which was used to prevent political rebellion by getting rid of all the worlds related to it. Thinking thoughts, which was called Thoughtcrime, was illegal, and was the worst of all the crimes. Winston was frustrated by the

Summary and Response to What Shamu Free Essays

She tries he usual ways to change him, such as counseling and a lot of nagging, but she soon resigns herself to the fact that these tactics are not going to work. While on a trip to California to research a school for exotic animal trainers, Sutherland studied the techniques students were using, such as â€Å"approximation†: rewarding the small steps toward learning a whole new behavior, â€Å"least reinforcing syndrome†: not responding in any way to bad behavior, and â€Å"incompatible behaviors†: a behavior that makes the undesirable behavior impossible. Soon she realized that these same quenches may very well work on her husband. We will write a custom essay sample on Summary and Response to What Shamu or any similar topic only for you Order Now After years of secretly training her husband with these techniques, she is pleased to tell readers that his behavior and their marriage are both much improved. I enjoyed reading Sutherland essay for the humor she uses in her writing. I particularly enjoy the way she refers to her husband as â€Å"the American husband† and â€Å"my animal†, as if he is some other species in need of training in order to make a good pet. I must admit that even though I found the humor in this read, I found the whole idea of training your husband as you loud an animal to be complete nonsense. Did she write this piece as a joke? Retainer hope so, because if she meant for it to be serious and she actually tried this training on her husband, she has entirely too much time on her hands. Sutherland says â€Å"l began thanking Scott if he threw one dirty shirt into the hamper. If he threw in two, I’d kiss him. Meanwhile, I would Step over any soiled clothes on the floor without one sharp word, though did sometimes kick them under the bed. But as he basked in my appreciation, the piles became smaller† (251 I have a suggestion for you Mrs.. Sutherland, how bout you just ask, or tell if you have to, your husband to pick up his clothes. If he still doesn’t honor your wishes, throw his clothes away each time you find them on the floor. This type obtaining usually works well. Call it the â€Å"toss clothes method†. No need for â€Å"approximations† here. If you would like to cook dinner without him hovering over you, how about you just tell him so. If this doesn’t work, stop cooking him dinner. Would bet he figures out real quick that he shouldn’t hover over you anymore. This is referred to as the â€Å"no din-din technique†. Who needs â€Å"incompatible behaviors† anyway? One more IP for you Mrs.. How to cite Summary and Response to What Shamu, Papers

Capital Gains Tax Concept of Ordinary Income

Question: Describe about the Capital Gains Tax for Concept of Ordinary Income. Answer: 1. First of all, we need to understand what the actual scenario is about this case. A girl named Peta owns a land in Kew which includes two tennis courts at the back, and she thought of making a house for her family there for a better living. Meanwhile, she got an offer from one of the tennis clubs next door which demanded the land for an amount of 600,000$ with a condition that it should get renovated first. In the present tax year, the social club adjacent offered to purchase the old tennis courts, however if Peta initially renovates them before selling. Peta chose to acknowledge the club's offer rather than proceeding with her arrangement to build her own house. Peta spent $100,000 on setting up the tennis courts available to be purchased. A lot of work has to be done in order to improve the condition of the tennis courts. Peta needed to restore the tennis courts and manufacture new fences around them. She then sold the tennis courts in the present expense year to the social club for $600,000. In Australia, there is a concept of ordinary income. People are often confused that whether the amount they are earning comes/lies under ordinary income or not. (Akhtar 2015) What is meant by ordinary income? Any amount from direct or indirect source is ordinary income. It can consist ofincome from wages, salaries, tips, commissions, bonuses, and other types of compensation from employment, interest, dividends, or income earned from a sole proprietorship, partnership or LLC. (Argente Garcia 2015) There are numerous cases in which the people claim that their income is ordinary or not so the court decided that the amount earned in following circumstances would lie under ordinary income and tax would be imposed on that amount. There are three components of ordinary income. Income from doing any labor work (e.g. salary and wages) Income from any land or property (e.g. rent, dividends, interest) Income from running a business on your own or a partnership (e.g. Retail sales, farming) (Barkoczy 2016) Peta bought the land in Kew where she thought of living with her family once she builds the three unit house or she would sell it on profit. She bought two tennis courts to construct her house on but the tennis court next to her door offered her to sell that land at a price of 600,000$ but only on one condition that she has to renovate it and for that, Peta had to face the expenditure of 100,000$. Peta had to resurface the tennis courts and build new fences around them. She then sold the tennis courts in the current tax year to the tennis club for $600,000. So, excluding the amount she spends for renovation (100,000$), she would earn 500,000$ as a profit. According to income tax assessment act 1997 sec 6.5, the source of the salary matters with a specific end goal to see whether it falls under the customary income or not! (Gyourko Sinai 2003) The law is somewhat distinctive for the individuals who are not the inhabitants of the Australia but rather as in the present situation where Peta is living with her family in the house, the sum she got from the social club is the customary wage. (Hegemann et al. 2015) In this way, it can be ordered and dealt in regards to the fact that there are excessively numerous ambiguities with regards to the appraisal of the customary wage. It doesn't make a difference whether you are getting the sum straightforwardly or in a roundabout way, the amount which is linked to an Australian source would fall under the ordinary income. (Knoll 2008) Peta got the sum straightforwardly from the tennis court which was claimed by her so for this situation, the receipt of 600, 000$ is unadulterated standard pay for Peta in the wage year. The law itself clearly explains the concept of ordinary income under some particular conditions and limitations. For example, if someone is being paid even through a salary, then it also lies under the category of ordinary income. Moreover, the purpose of this law is to impose the tax on those amounts which are coming from any direct and indirect source while you are the resident of Australia. As she is the owner of that land and residing in Australia and going to sell it then it quite clear she is liable for paying the tax and the amount she is earning is ordinary income. The amount which is being provided by the tennis club to Peta is the direct source of money for her. Therefore, the receipt of 600, 000$ is the ordinary income for Peta. Loss or profit as nothing to do with the ordinary income because what matters is the source of the income. (Zhou 2013) 2: ABC Pty Ltd. is a company where Alan and other 20 people are working. ABC gives the following remuneration package with ABC: Salary of $300,000; Payment of Alan's mobile phone bill ($220 per month, including GST). Alan is under a two-year contract whereby he is required to pay a fixed sum each month for unlimited usage of his phone. Alan uses the phone for work-related purposes only; Payment of Alan's children's school fees ($20,000 per year). The school fees are GST free. ABC also provided Alan with the latest mobile phone handset, which cost $2,000 (including GST). At the end of the year, ABC hosted a dinner at a local Thai restaurant for all 20 employees and their partners. The total cost of the dinner was $6,600 including GST. Any firm or organization in Australia has to pay FBT (fringe benefits tax) if it provides non cash benefits to its employees for example Free petrol Free medical services Free phone call credit and such other stuff like this (Morse Deutsch 2016) In short, thefringe benefits tax(FBT) is ataxapplied to the Australiantaxsystem by the AustralianTaxation Office. Thistaxis imposed only on non-cash benefits that an employer provides to employees "in respect of employment." The benefits provided to employees vary as mentioned in the scenario. The case is about how FBT gets affected and what are the possibilities a company can improve FBT amount at the end of the financial year? Fringe benefits tax would be taken care of under different conditions, and it has different variables for each country as per their laws and regulations. Fringe Benefits Tax is one of those taxes which have to report at the end of the financial year. In this case, Alan is getting a salary of 300, 000$ monthly with some of the other non-payment benefits like his phone bill is being paid by the ABC Pty Ltd which is about 220$ per month. Plus, the company also gave a phone to Alan at a price of 2000$. Lastly, the company is also paying his childrens school fee w hich is 20,000$ per year. Plus, the company also arranged an annual dinner for all the 20 employees at an expenditure of 6600$. Now, the problem which the company might face according to the conditions of FBT includes some of the following: If a company gives benefits to the employee which increases the amount of 2000$ from April 1 to 31 March, then the company has to pay FBT on those benefits. In this scenario, the company is already giving benefits to Alan which is more than the amount of 2000$ annually. We can calculate it: Cost of mobile phone: 2000$ Cost of dinner for Alan: 330$ Cost of dinner for 20 employees: 6600$ Annual fringe benefits cost: 2640 + 2000 + 6600 Total = 11, 240$ It shows that higher than the threshold value set by FBT and the company is liable to pay the tax on the benefits (Schneider 2013) so, The amount for the school fee of Alans children is not included in the calculation for the FBT because it does not hold GST in it. Therefore, company has to pay the FBT amount in the month of the June because anything exclusive of GST does not include in FBT after showing the annual report of each employee to FBT department or in where it should be checked. (Shields North-Samardzic 2015) The expenditure of the company has been affected by a large number of employees because if only five employees were invited to the dinner then, the total cost for dinner would have been quite less than this! If ABC only has five employees, then the expenses of the dinner would have been quite less than in the present case. For five employees, the cost for the dinner would be 1650$ which is quite less than 6600$ so, similarly, GST would also get reduced by a certain amount. If the company invites annually to its clients as well, then the FBT amount will increase because of the increase in the total amount which includes GST in it. (Vobbmerbumer 2013) The more the amount of GST, the higher will be the FBT amount which company has to pay. (Soled Thomas 2016) So, fringe benefits tax is a totally different type of tax which is imposed on the company by the benefits offered to its employees. It would affect the company a lot and ABCs consequences would be worst. References Akhtar, S.J., 2015. Capital Gains Tax in Theory and Practice.VISION: Journal of Indian Taxation,1(1). Argente, D. and Garca, J.L., 2015. The price of fringe benefits when formal and informal labor markets coexist.IZA Journal of Labor Economics,4(1), p.1. Barkoczy, S., 2016. Core tax legislation and study guide.OUP Catalogue. Gyourko, J. and Sinai, T., 2003. The spatial distribution of housingà ¢Ã¢â€š ¬Ã‚ related ordinary income tax benefits.Real Estate Economics,31(4), pp.527-575. Hegemann, A., Kunoth, A., Rupp, K. and Sureth, C., 2015.Impact of capital gains taxation on the holding period of investments under different tax systems(No. 183). arqus-Arbeitskreis Quantitative Steuerlehre. Knoll, M.S., 2008. The taxation of private equity carried interests: estimating the revenue effects of taxing profit interests as ordinary income. Morse, S.C. and Deutsch, R., 2016. Tax Anti-Avoidance Law in Australia and the United States. Schneider, K.N., 2013. Soften the blow by providing tax-free fringe benefits to terminated employees.Journal of Legal Issues and Cases in Business,2, p.0_1. Shields, J. and North-Samardzic, A., 2015. 10 Employee benefits.Managing Employee Performance Reward: Concepts, Practices, Strategies, p.218. Soled, J.A. and Thomas, K.D., 2016. [91WashLRev0761] Revisiting the Taxation of Fringe Benefits. Vobbmerbumer, J., 2013. Incentive effects and the income tax treatment of employer-provided workplace benefits.Review of Managerial Science,7(1), pp.61-84. Zhou, M., 2013. The Tax Disadvantage Of Ordinary Income: An Event Study On The Legislative Process Of JGTRRA.Journal of Applied Business Research (JABR),29(4), pp.1003-1010

The Road To Freedom free essay sample

Having been born in Communist Poland, I have come to infinitely value my freedom and opportunities in America although attaining them was neither easy nor without pain. When I was seven years old, my parents made a brave decision. They risked never seeing the things and people that were dear to their hearts their families, their friends, and their home so that I could have a chance for a future. Many times the journey to freedom almost crushed both our hearts and souls in its mighty grip, yet the three of us never gave up. At times all we had to eat was some bread and a small jar of jam which we bought with the few pennies that I had earned catering to an old, overweight man who petrified me. Yet the fear of starvation scared me more. We even risked our lives on a false route to freedom; we would, in all likelihood, have died had not the Yugoslavian border police caught us. We will write a custom essay sample on The Road To Freedom or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Later we learned that only two people had ever made it by that false route. Eventually, through our persistence and the strength of our iron-clad hearts, we gained political asylum and our freedom here in the United States. We never gave up, and now our dreams are partially realized. My mother is attending the New England College of Optometry where her success is twice that of most students half her age, and my father is a very successful physical therapist. Now, with that same determination and iron-clad heart, I want to use every bit of the freedom and opportunity that my parents so nobly won for me.

Real Men Dont Cry How Toxic Masculinity Negatively Impacts Us Professor Ramos Blog

Real Men Dont Cry How Toxic Masculinity Negatively Impacts Us â€Å"Women are more emotional than men.† It has been said so often that it has acquired a veneer of truth. This statement highlights just how much toxic masculinity has become a prominent topic of discussion recently. It is marked by men and boys taking on traditional male gender roles that restrict the kinds of emotions allowable for boys or men to express and includes the social expectation that men should seek to be dominant (â€Å"the alpha male†) and limit their emotional range to primarily expressions of anger. The root of it is believed to be hypermasculinity, which is the psychological term for the exaggeration of male behavior which is also linked to the â€Å"pressure to be a man.† This essay seeks to explore how toxic masculinity is created through cultural pressure and how it negatively impacts people of all genders. We as Americans learn a lot of our socio-cultural behaviors from technology, whether it be television, video games, advertisements, or even pornography. Many times men are portrayed as strong heroes who have a whole hidden identity. They are big and bad while in their costumes saving peoples lives and being all heroic and yet, once they take off their costumes it is revealed that they have some sort of deep dark secret that they are hiding. The secret is that they have emotions and feelings. This hero scenario is the real life of many men, but instead of having a heroic demeanor they shadow their emotions with anger and violence because they do not have a role model who expresses emotions healthily. Toxic masculinity stems from cultural pressure showing boys what men are really supposed to be. Society sets impossible standards for both men and women, as women should be polite and demure and men should be their protectors, strong and stoic. These accentuate one another as men are now to be the protectors. They are never a victim and their respect is earned through toughness and control. Men are told that emotion is weakness and in sports to â€Å"play through the pain.† No weakness should be revealed. According to Rachel Giese â€Å"In order to be a â€Å"real man,† a guy has to be stoic, aggressive, financially successful, sexually rapacious, physically courageous, muscle-bound, risk-taking, tough and in control.† She tells that while some argue that men are naturally inclined to violence and hardwired for aggression, there are other researchers who argue that the rules of masculinity compel this behavior. These researchers tell of how men who exhibit these â€Å"conventional masculine traits,† or are anxious with their manliness, are more likely to engage in harmful behaviors such as sexual harassment, binge drinking, and bullying other men. They are also more likely to exhibit signs of depression. A well known character who exhibits these behaviors is Gaston from Disney’s Beauty and the Beast. Toxic masculinity is not only harmful to the thousands of men conditioned to suppress their emotions but also to everyone around them. Men do not show emotion whether a positive or negative emotion; they have been told not to. So when emotion is finally pushed out of them it’s an explosive angry outburst which can oftentimes be of harm to the people around them at the time. These outbursts can manifest as passive aggression, sexual aggression, and even violence. â€Å"While feminists are especially concerned about it, toxic masculinity was not a term we coined. It initially emerged out of the men’s movements of the 1980s and 1990s to refer to what they saw as a narrow, socially constructed version of manhood that compelled men to deny their true feelings and to compete with each other rather than bond,† Susan J. Douglas states in her article Why Toxic Masculinity Hurts Men as Well as Women. She also talks about the backlash that has been received over the anti-toxic masculinity â€Å"movement,† saying that people are angry at feminists for being anti-man and blaming men for being born with innate wiring, when in fact   their argument is the against the culture not the man himself. The backlash has most often been thrown from right wing conservatives as they have distorted it in their minds to be â€Å"about hating men.† After finding out that some universities were offering courses to understand and combat the toxic masculinity culture, which was a response to sexual assaults happening in such high numbers on college campuses, Fox news journalist said that they were â€Å"trying to make men grow lady parts,† not realizing that they are just trying to educate students on healthier lifestyle choices. This defensiveness is a sign of ignorance towards the subject. This is also a problem affecting the worlds LGBT ( lesbian, gay, bi-sexual, and transgender) community. A group of Icelandic men are sharing their experiences through the hashtag #karlmennskan (#masculinity). Bjarni Snaebjornsson shared his personal story of growing up in the Iceland countryside and realizing at a young age that he was gay. He was bullied and made fun of so much that he decided to hide his sexuality. He said it made him lose the courage to be himself. One of the lead organizers of this movement is named Porsteinn V. Einarsson. He shared that most of the participants had stories of how the preconceived notions of manhood prevented men from expressing how they felt. One man, after a miscarriage, went on car rides alone just to grieve over this misfortune. This movement has been widely backed by many groups. Marc Feigen Fasteau once said that â€Å"the male stereotype makes masculinity not just a fact of biology but something that must be proved and re-proved, a continual quest for an ever-receding Holy Grail†. In conclusion, toxic masculinity grows through cultural pressure and negatively impacts people of all genders. The standards set for men in this day and age are impossible and unhealthy for both men and the people around them. Emotions are not pain that you should just play through but valid feelings that should be addressed. Real men are not strong and stoic, they are strong emotional beings.                                                                              Annotated Bibliography Giese, R. (2018, February 28). Why Masculinity Needs To Be The Next Big Conversation In The #MeToo Movement. Retrieved October 3, 2018, from https://www.chatelaine.com/living/toxic-masculinity-essay/   Ã‚  This article talks about the feminist perspective on toxic masculinity and how it affects both genders. She talks about the nature vs. nurture aspect of the toxic masculinity phenomenon. I believe this is a reliable source as she specializes in this area of study.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Douglas, S. J. Why Toxic Masculinity Hurts Men as Well as Women. Retrieved October   Ã‚  Ã‚  Ã‚  Ã‚  3, 2018, from http://inthesetimes.com/article/20303/the-antidote-to-toxic-masculinity   Ã‚  Ã‚  She covers backlash around the anti-toxic masculinity movement, stating that it is not anti-man but anti- pic masculinity culture. She states that most backlash is received from people within the conservative party. I find this to be a reliable resource as the author is a scholar. (2012, April 7). Retrieved October 3, 2018, from https://documentarylovers.com/film/tough-guise-violence-media-and-the-crisis-in-masculinity/   Ã‚  Ã‚  This documentary film explores the male culture in depth. It offers an analysis and opens it up   for discussion. I am using it in my essay to explore the ideas the were shown. It is a scholarly source. Clemens, C. (2017, December 11). What We Mean When We Say, Toxic Masculinity. Retrieved October 3, 2018, from https://www.tolerance.org/magazine/what-we-mean-when-we-say-toxic-masculinity   Ã‚  Ã‚  From a teachers perspective she tells of how she navigates her students through learning this culture and how to deal with it both in class and in day to day. As well as learning were you fit in the culture. This is a reliable firsthand experience source.   9, 2018, from http://icelandreview.com/news/2018/03/16/social-media-campaign-addresses-toxic-masculinity Ćirić, J. (2018, March 16). Social Media Campaign Addresses Toxic Masculinity. Retrieved October This source is an example of how men worldwide are being affected. It ells of a social media trend that men of Iceland created to notice their own toxic traits. This is an unbiased reliable source, as it tells the firsthand stories of different men.

Hong Kong Conflict of Laws Term Paper Example | Topics and Well Written Essays - 1250 words

Hong Kong Conflict of Laws - Term Paper Example This principle was also applied by Bingham J in the case of The Iran Vojdan, where a clause for dispute settlement provided for (a) Iranian law in Iran (b) German law in Hamburg and (c) English law in London. But applying the principle of the closest and most real connection, Lord Bingham held that the proper law to apply would be German law with the proper jurisdiction being the English Courts. Various factors are taken into consideration by the Courts in arriving at a determination of the proper law on the basis of the closest and most real connection, including the place of contracting, the place where the contractual obligations were performed and the principal places of business of the parties4. The application of the closest and most real principle is found under Hong Kong’s choice of law rules with respect to contractual obligations and has also been recommended as a guiding principle when courts experience characterization problems. This principle has also been applied in non-contractual issues, for instance in matters involving capacity, matrimonial issues, including divorce and division of matrimonial assets, trusts and property cases5. One example, is the case of Hayim v Citibank6 which was an appeal from Hong Kong involving issues of trust with Plaintiff’s will having been made in Hong Kong. But the matter was decided under English law, which was held to satisfy the closest and most real principle because no evidence was led as to Hong Kong or American law. There is provision for application of this principle in the law of mainland China as well, under Article 126 of contract law provisions, which states; â€Å"Where parties to the foreign related contract failed to select the applicable law, the contract shall be governed by the law of the country with the closest connection thereto†7. When no