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1 – 10 of 462In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…
Abstract
In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.
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HUNGARY: Orban to compromise with EU on frozen funds
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DOI: 10.1108/OXAN-ES278813
ISSN: 2633-304X
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Geographic
Topical
CAR: Referendum will undermine Touadera's legitimacy
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DOI: 10.1108/OXAN-ES280433
ISSN: 2633-304X
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Geographic
Topical
Nasir Sultan and Norazida Mohamed
This study aims to evaluate and investigate the existing process of establishing a banking relationship with politically exposed persons.
Abstract
Purpose
This study aims to evaluate and investigate the existing process of establishing a banking relationship with politically exposed persons.
Design/methodology/approach
This study used qualitative techniques of semi-structured interviews with senior compliance officers of financial institutes in Pakistan.
Findings
This study found that the existing mechanism of identification and verification of politically exposed persons (PEPs) is ineffective. Financial institutes face challenges like the quality of name screening data sets, cost of identification and verification, role and control of the regulator, the influence of politically exposed persons, the opaqueness of laws and international connections of the politically exposed persons. Further, financial Institutes are burdened by regulators to perform robust PEP customer due diligence but do not guide and provide the right tools.
Originality/value
This paper aims to find challenges faced by financial institutes before onboarding the PEPs. Further, very limited studies on this topic have been conducted in Pakistani context.
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The Court of Cassation has refused to honour a Constitutional Court ruling and ordered a criminal investigation into its members. After local elections on March 31, Erdogan will…
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DOI: 10.1108/OXAN-DB284969
ISSN: 2633-304X
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UKRAINE: Zelensky signs law on Constitutional Court
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DOI: 10.1108/OXAN-ES281345
ISSN: 2633-304X
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The laws in question challenge the authority of the state-level Constitutional Court. RS President Milorad Dodik is destabilising Bosnia-Hercegovina (BiH) by renewing his threat…
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DOI: 10.1108/OXAN-DB280446
ISSN: 2633-304X
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This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace…
Abstract
Purpose
This paper aims to provide a historical overview of AA, its purpose and benefits, the legal rationale for the SCOTUS ruling and what it means for colleges and the workplace regarding equitable opportunities for minority groups (which include women, Blacks, Hispanics, Asians and other low-income populations), as they aim for the “American dream”.
Design/methodology/approach
SCOTUS decision and rationale, along with literature.
Findings
The race-based affirmative action (AA) precedent was recently overturned by the Supreme Court of the United States (SCOTUS) in the case of Students for Fair Admission (SFFA), Inc. vs President and Fellows of Harvard College/University of North Carolina. SCOTUS ruled that race cannot be a specific basis for college admission. In other words, public and private colleges and universities will no longer be able to consider “race” as a factor in deciding which qualified applicants should be admitted to enhance the diversity of their student body.
Originality/value
This is an original analysis.
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The ruling leaves Uganda at odds with Western donors that have criticised the law and leaves Uganda’s LGBT community facing the prospect of potentially intensifying persecution.