 |
|
|
|
|
|
|
|
 |
|
||||||
|
|||||||
you are here: > Canonum De Ius Positivum
> Article 70
 |
III. Rights |
|
| 3.1 Rights | ||
| Article 70-Claims | ||
| Canon 1791 | ||
| A Claim, also known as a “cause of action”, is by ancient definition a witnessed formal oral protest and pronouncement of one or more Rights, usually supported by one or more sealed and notarized documents. | ||
 |
||
| Canon 1792 | ||
| The Claim is the vocalization of a formal protest and pronouncement itself. Any associated documents are an Affirmation, Statement or some evidence dependent upon its perfection. Taken together they may correctly be called a Statement of Claim or an Affirmation of Claim. | ||
|
||
| Canon 1793 | ||
| A claim can be satisfied only through rebuttal by counter-affidavit point-for-point, resolution by jury, or payment. | ||
|
||
| Canon 1794 | ||
| If the plaintiff does not prove his case, the defendant is absolved. | ||
|
||
| Canon 1795 | ||
| A presumption of a claim in accordance with these canons will stand good until the contrary is proved. | ||
|
||
| Canon 1796 | ||
| The validity of a Claim is the validity of the oral argument, constituting two main parts, firstly the formal protest of a challenge of Rights also known as the “wrong” and secondly the re-assertion of such Rights or pronouncement of new Rights also known as the “remedy”. | ||
|
||
| Canon 1797 | ||
| It is insufficient for any Claim to vocalize a wrong without a valid remedy. Similarly, no remedy has validity without first vocalizing a wrong. | ||
|
||
| Canon 1798 | ||
| Documents alone without any evidence of the vocalized claim can never be considered a valid Claim. However, documents may be presented first to pronounce the intention to Claim at some appointed time and place before a competent authority and witnesses. | ||
|
||
| Canon 1799 | ||
| Form of action is immaterial to the validity and substance of a claim unless by consent a person agrees to hear their claim according to the normal rules of form and action of a particular society. | ||
|
||
| Canon 1800 | ||
| Any juridic person or court that permits the resolution of Claims and counter-claims merely by Documents without either the original and subsequent claims being vocalized is in grave breach of a most ancient and fundamental principle of law. | ||
|
||
| Canon 1801 | ||
| When in accordance with these canons, a Person who is first in time has the prior right of claim. | ||
|
||
Copyright © ab initio One-Heaven.Org. All Rights reserved. |
||