Canonum De Ius Positivum
Canons of Positive Law

one heaven iconVII.   Law

7.2 Principles of Law

Article 235 - Meritus Proscriptum

Canon 2832 (link)

Meritus Proscriptum is an ancient principle of Law whereby fair notice is given to an accused to enable them sufficient time to respond, attend and prepare a defense.

Canon 2833 (link)

The phrase Meritus Proscriptum is Latin for “Fair notice (of suit)”.

Canon 2834 (link)

Meritus Proscriptum is a fundamental pillar of justice whereby an accused cannot be judged if they were never properly made aware of the accusation. Similarly, Meritus Proscriptum means the ruling over a dispute or enforcement of a claim in which the rights of another are impinged is unlawful if the other party was never properly made aware of the claim or dispute.

Canon 2835 (link)

Meritus Proscriptum requires proof of service in the delivery of a written notice outlining the key facts of the controversy and options available to the party within a prescribed period of time allowing for an adequate response including:

(i) Physical service witnessed by at least two parties; or

(ii) Certified mail or courier; or

(iii) Certified email; or

(iv) Certified fax or phone message delivery.

Canon 2836 (link)

Public notice is not equivalent to Meritus Proscriptum.