Canonum De Ius Positivum
Canons of Positive Law

one heaven iconIII.   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.