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you are here: > Canonum De Ius Positivum
> Article 105
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III. Rights |
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| 3.2 Rights Suspension and Corruption | ||
| Article 105-Estoppel | ||
| Canon 2103 | ||
| An Estoppel is an impediment to a right of action arising from a persons own act, or where they are forbidden by law to speak against their own deed. Hence, to "estop" is to stop up or impede a person from alleging or denying a fact, because of his/her own previous act. | ||
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| Canon 2104 | ||
| The Major forms of Estoppel are Reliance, Record, Deed, Silence and Laches: | ||
| (i) A Reliance based Estoppel is when one party relying on something the other party has done or said relies on certain evidence to prove this to produce an estoppel by representation of fact, promissory estoppel or proprietary estoppel; and | ||
| (ii) An Estoppel by Record is when the orders or judgments made in previous legal proceedings prevent the parties from re-litigating the same issues or causes of action and a action estoppel or judicial estoppel is issued; and | ||
| (iii) An Estoppel by Deed is when the rules of evidence prevent the litigant from denying the truth of what was said or done and a deed estoppel is issued; and | ||
| (iv) An Estoppel by Silence is when a party had the right and opportunity to assert a position earlier, and such silence put another person at a disadvantage and estoppel by silence may be issued; and | ||
| (v)A Laches is an estoppel in equity by delay. | ||
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