ECHR Rights: Article 2 and Article 3 Legal Standards
Article 2: The Right to Life
Everyone’s right to life is protected by law.
Lethal Force Exceptions
Lethal force is allowed only when absolutely necessary and strictly proportionate for:
- Defense from unlawful violence.
- Lawful arrest or preventing escape (only if the suspect poses a violent threat).
- Quelling a riot or insurrection.
The Honest Belief Standard
Force is justified if based on an honest and reasonable belief at the time, even if mistaken.
Three Types of Obligations under Article 2
- Negative: The
Understanding ECHR Articles 2, 3, and 10: Rights and Protections
Article 2: The Right to Life
Article 2 of the ECHR protects the right to life, one of the most fundamental rights under the Convention. It imposes a negative obligation on the State not to take life arbitrarily, especially through unlawful killings or excessive use of force. It also creates positive obligations, requiring the State to take reasonable measures to protect people whose lives are at real and immediate risk. Furthermore, when a person dies in suspicious circumstances or as a result of
Read MoreUnderstanding the Spanish Judicial System and Legal Practice
The Spanish Judicial System
The Spanish judicial system is organized into different jurisdictions, each with its own courts and specializations. Courts are territorially organized, and a system of appeals ensures that decisions from lower courts can be reviewed by higher courts.
Civil Jurisdiction
Civil courts handle private disputes between individuals or companies. The Court of First Instance is the primary body for civil cases, including contracts, family matters, and property disputes. The Provincial
Read MoreECHR Rights: Slavery, Liberty, Fair Trial and Social Charter
Article 4: Slavery, Servitude, and Forced Labour
Article 4 of the ECHR prohibits slavery, servitude, and forced or compulsory labour. To interpret these terms, the Court (ECtHR) looks at international treaties, as seen in S.M. v. Croatia. The article divides exploitation into three levels:
- Slavery: The most severe form, where one person exercises ownership powers over another.
- Servitude: An aggravated form of forced labour involving coercion or fear from which the victim cannot escape.
- Forced or Compulsory
Contract of Guarantee: Essential Elements and Legal Principles
Contract of Guarantee: Definition and Legal Framework
A contract of guarantee is a significant special contract under the Indian Contract Act, 1872. In commercial and banking transactions, creditors often require additional security before granting loans or extending credit. Such security is provided by a third person who promises to discharge the liability if the debtor fails to do so. This promise creates a contract of guarantee. The provisions relating to guarantees are contained in Sections 126
Read MoreContract of Guarantee vs Indemnity: Key Differences
Contract of Guarantee
A contract of guarantee is a special type of contract recognized under the Indian Contract Act, 1872. Defined under Section 126, it is an agreement to perform the promise or discharge the liability of a third person in case of their default. The parties involved are:
- Surety: The person who gives the guarantee.
- Principal Debtor: The person in respect of whose default the guarantee is given.
- Creditor: The person to whom the guarantee is given.
The object is to provide security to
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