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Glossary

Definitions of terms used throughout the codified statutes. These same definitions appear as hover popovers wherever a term is mentioned in an article.

78 terms.

Abdication

The Sovereign's voluntary renunciation of the Crown by a solemn written instrument, authenticated under FN Art. 40 and published in the Royal Kaharagian Gazette; succession then follows automatically (FN Art. 27, FN Art. 25).

advance directive

A written instrument by which a person, while still capable, appoints a future guardian or records wishes for their care and affairs should they lose capacity (CC Art. 15).

aiding and abetting also: aids,abets,counsels,procures,secondary participation

The modes of secondary participation in an offence: to aid, abet, counsel, or procure it. A secondary party is liable as a principal (CR Art. 9).

allegiance

The duty of faithfulness owed by a national to the Crown, arising from the possession of nationality (FN Art. 29, Nat Art. 1).

capacity also: legal capacity

The ability to hold rights (passive capacity, from birth) and to exercise them by one's own acts (active capacity, acquired with age and soundness of mind). Full active capacity is attained at majority or on emancipation (CC Art. 2).

civil status

A person's condition and family relationships as recorded by the State: birth, name, partnership, marriage, parentage, and death. It is proved by certified extracts from the registers (FN Art. 31, CC Art. 7).

community service order

A sanction requiring a convicted person to perform a specified number of hours of unpaid service to the Kaharagian community (CR Art. 2, CR Art. 13).

competent authority

The authority the law designates to decide or administer a matter: the Royal Chancellery, or a person or office to which it has lawfully delegated the function (CC Art. 1, CR Art. 2).

contract

An agreement formed by an offer and a matching acceptance, binding the parties as law between them; silence is not acceptance (CC Art. 43).

controller also: data controller,processor,data processor

The controller determines the purposes and means of processing personal data; the processor acts on the controller's behalf and under its instructions (DPC Art. 2, DPC Art. 23).

Crown also: the Crown

The continuing institution of sovereign authority, distinct from the individual who holds it. The Crown does not die and passes intact on succession; references in law to "the State" or "public authorities" are read as the Crown acting through the Sovereign or delegated organs (FN Art. 9).

data subject

The identified or identifiable individual to whom personal data relates, and who holds the rights of access, rectification, erasure, restriction, and portability (DPC Art. 2).

declaration of absence also: absentee

A formal finding that a person has been missing for at least a year, allowing their estate to be administered while their legal personality is preserved (CC Art. 16).

deprivation of nationality

The involuntary loss of nationality imposed for cause (such as fraud in its acquisition or grave disloyalty), subject to notice, a limitation period, and a safeguard against statelessness (Nat Art. 16).

descent also: nationality by descent

The acquisition of nationality at birth by a child at least one of whose parents is a Kaharagian national (Nat Art. 8).

digital asset also: digital assets

A thing existing in digital form, treated as movable property. Control of the private key is treated as possession, and title passes on the acquisition of control (CC Art. 40).

digital system

An electronic, networked, or automated system owned, operated, or administered by or for the State, forming part of its official digital infrastructure (CR Art. 2).

domicile

A person's declared principal residence; a person has only one at a time. Because the State holds no territory, a national's domicile is ordinarily in a host jurisdiction (CC Art. 4).

emancipation also: emancipated

The conferral of near-full capacity on a minor who has reached sixteen, by marriage or by decree; it ends parental authority and guardianship but reserves certain acts (CC Art. 11).

estate also: succession

The transmissible rights and obligations of a deceased person, which pass to the heirs on death. An heir may accept plainly, accept under benefit of inventory, or renounce (CC Art. 50).

extraordinary measures also: emergency powers

Temporary measures with the force of law that the Sovereign may take to meet an emergency, proportionate to the danger and lapsing when it passes (FN Art. 48).

filing system

A structured set of personal data accessible according to specific criteria, whether held centrally or dispersed (DPC Art. 2).

fine

A monetary penalty denominated in United States dollars, imposed on conviction for an offence and graduated by the gravity of the offence (CR Art. 2, CR Art. 12).

forfeiture

A sanction by which the proceeds or instruments of an offence are taken by the State and pass to the public treasury (CR Art. 10).

Fundamental Laws also: the Fundamental Laws,Fundamental Law

The supreme law of the State, against which every other norm is measured; an inconsistent norm is void to the extent of the inconsistency. Only the Sovereign may amend them, by the procedure in Title 10 (FN Art. 6, FN Art. 38).

Great Seal also: the Great Seal

The principal seal of the State, applied to authenticate its most solemn instruments. It is kept by the Keeper of the Great Seal, and its presence is evidence of due authentication (FN Art. 40).

guardianship also: curatorship,guardian,curator

Protective regimes for a person who lacks capacity: guardianship for total incapacity, curatorship for partial incapacity. The guardian or curator manages the person's affairs under supervision and accounts yearly (CC Art. 13).

honorary national also: honorary nationality

A person on whom nationality is conferred by the Sovereign as a distinction; honorary nationality does not carry the ordinary obligations of allegiance (Nat Art. 3).

host jurisdiction also: host jurisdictions

The State or territory in which a Kaharagian national is physically present, or in which a thing is situated. The mandatory law of the host jurisdiction prevails where it applies (FN Art. 47, CC Art. 4).

intestate succession also: intestacy

The distribution of an estate where there is no valid will, following fixed orders of heirs (children, then parents, then siblings, and so on), each order excluding the next (CC Art. 52).

inviolability also: inviolable

The principle that the person of the Sovereign is not subject to suit, prosecution, or compulsory process, and that Acts of State may not be questioned in the ordinary courts (FN Art. 15).

Keeper of the Great Seal

The officer charged with custody of the Great Seal and with authenticating instruments of State (FN Art. 40).

legality also: nullum crimen,non-retroactivity

The principle that there is no offence and no penalty except as the law provided beforehand; criminal law is not applied retroactively and is construed strictly (CR Art. 4).

maintenance

The obligation to provide for the needs of a spouse, a child, or a needy parent, in proportion to the needs of the one and the means of the other (CC Art. 34).

majority also: age of majority

The age of eighteen, on attaining which a person acquires full capacity to act for themselves (CC Art. 9).

matrimonial property regime also: separation of property,community of acquisitions

The rules governing spouses' property, chosen by registered agreement. The default regime is separation of property, with community of acquisitions available as an option (CC Art. 24).

mens rea also: intent,dolus

The mental element of an offence. Intent (dolus) is required as a rule; negligence (culpa) suffices only where the law expressly says so (CR Art. 9).

nasciturus also: unborn child

A child already conceived but not yet born, whose rights are held in suspense and vest on live birth (CC Art. 1, CC Art. 51).

National Register also: Register of Kaharagian Nationals

The register, kept by the Royal Chancellery, of all Kaharagian nationals; entry in it is the exclusive evidence of nationality (Nat Art. 18).

nationality

The legal bond between a person, the Sovereign, and the community of Kaharagia, founded on the Sovereign's consent and the individual's acceptance and independent of territory or residence (Nat Art. 1).

naturalisation also: grant of nationality

The acquisition of nationality by grant of the Sovereign, in the Sovereign's discretion; the ordinary route for a person with no claim by descent, adoption, or marriage (Nat Art. 11).

ne bis in idem also: double jeopardy

The principle that no one may be tried or punished twice for the same conduct, whether the earlier proceedings were domestic or foreign (CR Art. 6).

nullity also: void marriage,voidable marriage

The invalidity of a marriage, whether void (of no effect from the outset, as in incest or bigamy) or voidable (valid until annulled, as for defective consent). The status of children and of a good-faith spouse is protected (CC Art. 22).

obligation

A legal bond requiring one person (the debtor) to render a performance to another (the creditor). It may arise from contract, unilateral declaration, unjust enrichment, a wrongful act, or the law (CC Art. 41).

offence

An act or omission that the law forbids and makes punishable, classed by gravity as minor, serious, or grave; the classing fixes the applicable penalty and limitation period (CR Art. 12, CR Art. 14).

Organic Act

A law enacted to organise an institution or subject of the State. It ranks below the Fundamental Laws and the Codes but above Sovereign Decrees (FN Art. 38).

parental authority

The rights and duties of parents to care for, educate, represent, and manage the property of their minor child, exercised jointly and always in the child's best interests (CC Art. 32).

personal data also: sensitive personal data

Any information relating to an identified or identifiable individual, the data subject. Sensitive personal data is a special category subject to stricter conditions (DPC Art. 2, DPC Art. 4).

personal jurisdiction

The State's authority over persons by reason of their nationality or consent, rather than over territory. Kaharagian law follows the national wherever they are (FN Art. 42).

prerogative of mercy also: pardon,clemency

The Sovereign's power to pardon, commute, or remit a sanction, preserved alongside the ordinary rules on the extinction of sanctions (CR Art. 14).

prescription

The extinction of a claim by the lapse of time: as a rule five years from knowledge for contractual claims (with a fifteen-year long-stop), and three years for enrichment or wrongful-act claims (CC Art. 49).

presumption of death also: presumed dead

A formal finding, made after five years' absence (or two years where the person disappeared in grave peril), that a missing person is deemed dead, with the effects of death subject to recovery if they reappear (CC Art. 18).

processing

Any operation performed on personal data: collection, storage, use, disclosure, erasure, and the like (DPC Art. 2).

protected person also: protected-person status

A person to whom the State extends protection short of full nationality, for example a marriage applicant during a probationary period. A protected person's capacity is more limited than a full national's (Nat Art. 3, CC Art. 5).

public censure

A sanction consisting in the formal, published condemnation of an offender in the Official Gazette (CR Art. 10).

public officer

A person who holds an office, appointment, commission, or delegation of authority under Kaharagian law, whether permanent or temporary, remunerated or voluntary (CR Art. 2).

public order also: public policy

The body of fundamental principles of justice, and the rights guaranteed by the Fundamental Laws, which a foreign law or judgment may not offend; where it does, Kaharagian law is applied instead (CC Art. 63).

recipient

In data protection, a person or body to which personal data is disclosed, whether or not that person is a third party (DPC Art. 2).

Regency also: Regent,the Regent

The exercise of the Sovereign's authority by a Regent during the Sovereign's minority or incapacity. The acts of a Regent have the same force as acts of the Sovereign (FN Art. 26).

registered partnership also: registered partner

A registered union carrying the same civil effects as marriage, for those who cannot or do not wish to marry; "spouse" is read to include a registered partner (CC Art. 6).

renunciation also: renounce nationality

The voluntary giving-up of Kaharagian nationality by a person who holds another nationality; it takes effect on sovereign decree and is barred where it would cause statelessness (Nat Art. 15).

reserved portion also: forced heir,forced heirs

The share of an estate that the law reserves for close heirs and of which they cannot be deprived by will: collectively one half for children and one quarter for a spouse or partner (CC Art. 55).

Royal Chancellery also: Chancellery

The principal administrative office of the Sovereign, acting as the competent authority for the State's registers (of civil status, nationality, and the registration of honours) and for the other acts the law entrusts to it. It registers acts and events, authorises the dispositions the law reserves to it, and keeps the public registers.

Royal House Law

The internal law of the Royal House governing succession, regency, dynastic membership, titles, and marriages. Determinations made under it are conclusive for the State (FN Art. 22).

Royal Kaharagian Gazette also: the Gazette,Official Gazette

The official journal of the State, in which laws, decrees, and other instruments are published. Publication in the Gazette is a condition of a law taking effect (FN Art. 39).

Sovereign also: the Sovereign

The reigning Prince of Kaharagia, head of state and source of executive authority. Where the law requires sovereign assent (e.g. a sovereign decree), it refers to a formal act signed by the Sovereign in person.

Sovereign Decree also: sovereign decree

An instrument made by the Sovereign in exercise of executive authority. In the hierarchy of law it ranks below the Fundamental Laws, the Codes, and Organic Acts (FN Art. 38).

Sovereign Domain

Public property held by the Sovereign in right of the State, distinct from the Sovereign's private estate. A disposition of the Sovereign Domain requires authentication under FN Art. 40 (FN Art. 12).

State instrument

A document, record, certificate, credential, token, digital signature, seal, or register entry, in any form, issued or maintained by or for the State (CR Art. 2).

State service

A service, function, or facility provided by the State to nationals, legal persons, or the public, through its digital systems or otherwise (CR Art. 2).

statelessness also: stateless

The condition of holding no nationality. The Nationality Code is applied so as to avoid rendering a person stateless, having regard to the principles of the 1961 Convention on the Reduction of Statelessness (Nat Art. 17).

supervisory authority

The authority responsible for supervising and enforcing the Data Protection Code: the Sovereign, who may delegate the function by decree (DPC Art. 24).

the Nation also: Kaharagian Nation,the Kaharagian Nation

The community of all persons who hold Kaharagian nationality, bound to the Crown by allegiance. The registers of the State are authoritative evidence of who belongs to it (FN Art. 3).

the State also: State of the Kaharagians,the State of the Kaharagians

The sovereign legal person of Kaharagia, perpetual and distinct from the person of the Sovereign. Its official name is "the State of the Kaharagians"; "Kaharagia" and "the Principality of Kaharagia" are also used. It holds no territory of its own; its jurisdiction is personal and consensual (FN Art. 1, FN Art. 4).

third party

In data protection, a person or body other than the data subject, the controller, the processor, and those acting under their direct authority (DPC Art. 2).