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you are here: > Canonum De Ius Positivum
> Article 36
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II. Form |
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| 2.1 Form | ||
| Article 36-Mercantile Juridic Person | ||
| Canon 1635 | ||
| A Mercantile Juridic Person is an aggregate formed as the body of a Mercantile Trust. | ||
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| Canon 1636 | ||
| As Mercantile Juridic Persons are formed from True Persons themselves formed from Divine Persons holding conscience and life, all Mercantile Juridic Persons possess legal personality as living beings with a spirit. | ||
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| Canon 1637 | ||
| No inferior Juridic Person also being corporate person, also known as a Mortmanis or “Dead Ghost” can have superior jurisdiction over a living spirit. Therefore no inferior Roman Juridic Person may ever have superior jurisdiction over a Mercantile Juridic Person. | ||
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| Canon 1638 | ||
| If two Mercantile Juridic Persons are so joined that from them one is constituted which also possesses juridic personality, this new juridic person obtains the goods and rights proper to the prior ones and assumes the obligations with which they were burdened. With regard to the allocation of goods in particular and to the fulfillment of obligations, however, the intention of the founders and donors as well as acquired rights must be respected. | ||
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| Canon 1639 | ||
| If a Mercantile Juridic Person is so divided either that a part of it is united with another Mercantile Juridic Person or that a distinct Mercantile Juridic Person is erected from the separated part, the authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor to the financial obligations and disbursement of remaining assets in accordance with the original intentions of the members. | ||
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