Thursday, September 22, 2022

Are You A Denizen Of England?

 

"Privity of Contract" - https://en.wikipedia.org/wiki/Privity_of_contract
 

[DERIVED FROM PRIVITY ABOVE...]

"DENIZEN"

In English law, a person who, being an alien born, has obtained, ex donatione regis [Law Dictionary & Black's Law Dictionary 2nd Ed. In English law:  A person who, being an alien born, has obtained, ex donatione regis, letters patent to make him an English subject, a high and incommunicable branch of the royal prerogative.], letters patent to make him an English subject,-a high and incommunicable branch of the royal prerog­ative. A denizen is in a kind of middle state between an alien and a natural-born subject, and partakes of the status of both of these. The term is used to signify a person who, being an alien by birth, has obtained letters patent making him an English sub­ject. The king may denize, but not naturalize, a man; the latter requiring the consent of parliament, as under the naturalization act, 1870, 33 & 34 Vict., c.

14. A denizen holds a position midway between an alien [ex. someone living in U.S.] and a natural-born or naturalized subject, being able to take lands by purchase or devise [1870, when alien were  allowed], but not able to take lands by descent (which a natural-born or naturalized subject may do). The denizen becomes a British subject from the date of the letters while a natural­ized person is placed in a position equivalent to that of a natural-born subject. Naturalization of aliens is now governed by British Nationality Act.

In American law, a dweller; a stranger admitted to certain rights in a foreign country or as one who lives habitually in a country but is not a native born citizen; one holding a middle state between an alien and a natural born subject. One who has some relation to the enemy nation which is not lost by the alien's presence within the United States. United States ex reI. Zdunic v. Uhl, C.C.A.N.Y., 137 F.2d 858, 861; United States ex reI. D'Esquiva v. Uhl, C.C.A. N.Y., 137 F.2d 903, 905. Thus, one who lived and worked in Austria in 1938 at time Germany obtained control of Austrian government, and continued to live there until leaving for the United States in 1939, at which time he was issued a German passport, was a "denizen" of Germany, within Enemy Alien Act [The denizen therefore becomes an enemy of the state.] United States ex reI. Zdunic v. Uhl, D.C.N.Y., 47 F.Supp. 520.

A denizen, in the primary, but obsolete, sense of the word is a natural-born subject of a country.  Acceptance of the birthday makes one a denizen of England.

 
Also read: 
 
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Friday, September 9, 2022

Status Quo Ante Bellum

 Status Quo Ante Bellum

The term status quo ante bellum is a Latin phrase meaning "the situation as it existed before the war".[1] The term was originally used in treaties to refer to the withdrawal of enemy troops and the restoration of prewar leadership. When used as such, it means that no side gains or loses any territorial, economic, or political rights. This contrasts with uti possidetis, where each side retains whatever territory and other property it holds at the end of the war. 

 

Uti Possidetis:  

Uti possidetis is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". Later, by a misleading analogy, the phrase was transferred to international law, where it has had more than one meaning.

In Rome, if two parties disputed possession of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour (nec vi, nec clam, nec precario). The contest was initiated by an interdict called uti possidetis. The winner was confirmed or restored in possession, and the party who lost was ordered not to displace him by force. The winner got no rights against the rest of the world, however, since he had got mere possession not ownership: anyone else might conceivably have a right to displace him.

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