Law of Packilvania

The law of Packilvania consists of statute, judicial precedent, religious law and customary law. Customary law is law that emanates from long-observed tribal traditions. Judicial precedent arises from the substantive legal interpretation of legal matters by the judiciary. Religious law arises from the dogma, rules and customs of religious communities as enumerated by scripture, ritual etc. In contrast statute consists of laws emanating from the Constitution via the Crown.

The Constitution is the highest law in the country. This means that no other law may contravene the Constitution. Furthermore, it states that the Constitution may only be amended by the consent of the Parliament and the Sultan. The Constitution also states that the Supreme Court shall have the final authority to interpret the application of the Constitution. It states that the Crown shall have the power to make law by statute which may supersede all other laws insofar as the Crown abides by the Constitution.

However the Constitution divides different types of statutes that the Crown may create and how these types of statutes are brought into effect. Although all power of the Crown, including the power to create laws, resides with the Sultan, the Sultan's word is not immediately law at his utterance.

The first type of statute is a treaty. A treaty is defined as any agreement between Packilvania and another nation or nations which has legal binding effect within the country. The Crown is empowered to conclude and ratify treaties at its pleasure and requires no consultation or consent from any other body of the state.

The second type of law is appropriation law. The Constitution prescribes that the Crown may pass any appropriation of funds, but it limits the duration and scope of appropriation legislation. Furthermore, it explicitly requires that the appropriation of state funds must be done through a budget law. The consent of the Consultative Assembly and the Legislative Council is required for the Crown to appropriate state funds. Appropriation law is also required not only to delineate state expenditures but to raise, collect and forgive taxes, levees and customs or to delegate the power to do this to another entity.

The third type of law is ordinary law. This any law which does not fall into any other form of law. Here, the Crown is required to consult with the Council of Ministers. However, the Crown is not required to follow the opinion of the Council of Ministers in passing ordinary legislation. Furthermore, the Crown is required to present the law before the Legislative Council. The Legislative Council must be given adequate time to read through and debate the law. Thus, the Crown may only bring ordinary legislation to effect when the Legislative Council present the scroll of sealing to the Throne i.e., an explanation that it has concluded deliberation on a law. A majority of the members of the Legislative Council is required for the Chairperson of the Legislative Council to present the scroll of sealing.

The fourth type of law is a decree. A decree is a law which is passed by the Crown which does not require its presentation before the Legislative Council. This includes matters of the appointment of senior state officials, commutation of sentences, deployment of military forces, declaration of war and nuclear second-strikes, regulation and governance of colonies and other territories, the annexation of territories and delineation of external and internal boundaries, recognition of national sovereignty, nationality, immigration and citizenship, religious rights, internal migration and trade, and territorial waters.

The fifth type of law is delegated law. Delegated law is any law which has the force of law because the right to create such a law has been granted by the Crown through a law. A delegated law is also only valid insofar as the statute from which it emanates remains valid. A delegated law includes provincial laws. Provincial laws typically require the approval of Provincial Legislatures and Governors. Also included are regulations which are issued by government entities. Another type of law, are religious edicts which are granted to the Magisterium of Paxism in Packilvania to issue legally binding laws in the name of the Sultan on religious matters.

Law of personal status

Citizenship

Citizenship is automatically to a child if at least one of their parents is Packilvanian. Furthermore, the spouse of a Packilvanian shall gain citizenship if after residing in the country for 5 years. If someone marries a Packilvanian citizenship they may receive Packilvanian permanent residency immediately upon application. A person may gain Packilvanian citizenship after living in the country for 10 years and renouncing the citizenship of their previous country. The Sultan may strip someone of their citizenship or confer on another officer of the state the right to do so. As such, the courts may strip someone of their citizenship for crimes such as treason. A child granted a birth certificate upon their birth with their mother and father's name. A child born to Paxist parents is automatically Paxist. Dual citizenship is not allowed. The Sultan may grant or allow a state official to grant citizenship to someone who does not meet any specific criteria such as the Minister of Home Affairs.

Gender and sexuality

Gender is assigned to child by a doctor or midwife on the registration of the child's birth certificate. Only the genders man or woman corresponding to and legally indistinguishable from male or female respectively are recognised by law. Gender reassignment is not allowed. Intersex individuals are assigned a gender based on the predominant physical characteristics that they display as decided by a medical professional.

Intimate relations between people of the same legal gender is forbidden by law and punishable by a variety of methods depending on the court but usually by execution.

Marriage

In Packilvania, marriage is restricted to a man and a woman. A man may marry more than one woman with the consent of his existing wives. A man may divorce one or more of his wives by proclamation. A man is required to pay spousal maintenance if he is able while we women are not required to do the same. Although not statutory, men are expected to pay a bridal price for the woman they marry.

The payment of a bridal price and receipt of such a payment by a woman's father or closest male relative such as her eldest brother or uncle in the absence of a father constitutes a binding marital contract. Affirmation and recognition of such as an act is granted via marriage certificate issued by a tribal chief, government official or religious leader.

The assets of women accumulated prior to the marriage are not recognized as part of the marriage including pre-marital donations by the husband. Furthermore, assets which accumulate to a woman during marriage by way of donation or inheritance belong to her and are only inheritable by her children or will, or husband in absence of either. Assets women accumulate through work etc. are considered their husband's property.

Women above the age of 16 are allowed to get married. But not below that number. Marriage is permitted beyond first cousins. The Intimacy Morality Act has criminalised concubinage and prostitution. The Intimacy Morality Amendment Act has legalised interspecies marriage, intimacy within marriage and removed punishment for but did not decriminalise intimate relations prior to and outside of marriage. A woman may seek divorce if her husband conducts criminality, is unable to provide, is infertile and commits illicit intimate relations.

Inheritance

The husband's estate is divided on his death as follows: the settlement of taxes and debts, the maintenance of wives and underage children equally or by need, then by his will. Alternatively the husband may provide that his estate (after debts and taxes are settled) shall pass to his eldest son or another entrusted male heir in the absence of mentally sound sons and held in trust for the maintenance of his wives and children. If a man divorces a woman by proclamation, he is required to pay maintenance until she has found another husband or relinquishes the right to maintenance by proclamation. A husband's aristocratic titles shall shared by his spouse(s) and passed to his eldest son.

Children

Any adult who meets criteria set out by the state may adopt children. Illicit adoption of a child is punishable by imprisonment including forced labour. Children are recognized as such if they are below the age of 16. The consent of their parents or legally authorised guardian (the state can appoint a social worker as a guardian in an emergency where the parents are unknown and/or cannot be found) is required for any affair concerning the child.

Reproduction

Intimate relations between a man and a woman below the age of 18 is illegal and punishable by execution unless legally married. termination of gestation is not legal except in the case of saving the mother's life, incest (within the degree of first cousins) or defects/abnormalities in the fetus as approved by a doctor. A father or close male relative (as determined by proximity of blood), or husband makes decisions about termination of gestation however the man may not deny termination of gestation if she elects to save herself in the event that her life is threatened. Illegal termination of gestation and aiding and abetting an illicit termination of gestation is punishable by imprisonment including forced labour.

Law of contract

A contract is an agreement between two or more legal persons, to act or withhold from acting. A contract may create or cede rights between the participants within the framework of law. No contract to perform an illicit act is legally binding except as determined by a court of law. A person may enter into either a written or verbal contract. A person may implicitly enter into a contract if they act 9in a way that would bring the contract into effect.

Law of legal personality

A natural person is a born living sentient person and has all rights granted by the Crown. A juristic person is any legal entity which can exercise the rights of a natural person as far as reasonably possible as defined by the Crown as follows:

• Company (chubaal): A company in which the shareholders or the directors are not held liable for the debts of the company.
  • Public company: A company in which shares may be sold freely in the public market. All state-owned companies are automatically public companies.
  • Private company: A company in which shares may be sold with the consent of the other shareholders.
• Trust (waqif): A juristic person which manages assets for the benefit of the beneficiaries.

Criminal law

Substance consumption and gambling

Alcohol may only be sold with a license. Alcohol may only be consumed by adults with a license. The distribution and consumption of illicit substance is punishable by imprisonment or execution. Gambling is only allowed in designated areas of the country, otherwise it is illegal.

Harm

Illicit senticide is punishable by execution. Senticide in self defence or if lawfully mandate by law is not illicit. Senticide in the first degree refers to the conscious and planned senticide. Senticide in the second degree is senticide in senticide that was unplanned and sudden due to some induced situation is punishable by forced labour and imprisonment. Senticide in the third degree is senticide arising where the intention was to cause grievous bodily harm. Senticide in the fourth degree is negligence which gives rise to and could have reasonably been expected to give rise to death.

The use of corporal punishment on children by their parents or another lawfully authorised adult is permissible insofar as it does not cause irreparable damage to the child. Arbitrary corporal punishment is forbidden and a child may be taken from their parents by the state. Assault is the infliction of violent harm and aggression and exists in degrees from negligence to intentionally causing grievous bodily harm.

Property law

All property may be seized by state as determined by the Crown.

Physical property law

The right to property is protected in law. This includes the right to alienate the property. The law concerns when a property passes ownership from one person to another. For instance:

• Real estate passes on registration at the Office of Title Deeds, but the exchange of money creates an obligation to register at the Office of Title Deeds
• Most other goods pass when some contractual condition is met allowing for contracts such as:
  • Futures: Contracts where one party must sell and another must purchase from another at a future data
  • Option: A future where one party can choose to exercise a sale or purchases

Intellectual property law

Intellectual property law is as follows

• Copyright law is the right to control a design or score.
• Patent law is the right to benefit from and control an invention or novel creation
• Trademark law is the right to control a symbol or brand and its related markings.

Intangible property law

Data is regarded as property of the user unless forfeited by some other process such as agreeing to use an internet service. Illicit deletion, manipulation, extraction of data is a breach of property law. There are some instances where a service cannot expect users to cede the right to their data such as biometric information and bank account details. As such negligence in handling their property is the equivalent of negligence in handling physical goods.

Procedure

A trial consists of procedures whereby presentation of physical evidence, cross examination of witnesses and . A civil application like a trial but by written evidence instead of oral argumentation and physical evidence. An interdict is the court order that has the power to compel one part to act or refrain from acting.