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you are here: > Canonum De Ius Positivum
> Article 111
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IV. Consensus |
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| 4.1 Consensus | ||
| Article 111-Unilateral Consensus | ||
| Canon 2180 | ||
| Unilateral Consensus is a term describing the first of three forms of concord of Consent between the minds of two or more persons concerning one or more Acts regarding certain Property or Rights involving only the Lower Mind, also known as the “lower self” or simply the flesh by Implied Consent. | ||
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| Canon 2181 | ||
| Any form of concord between two or more parties where consent by one or more of the parties is concluded by Implied Consent is a Unilateral Consensus. | ||
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| Canon 2182 | ||
| The most common forms of Unilateral Consensus Instruments are bids, claims, consignments, orders, summons, contracts and deed polls (non-Ecclesiastical deed polls commonly written as simply “deeds”). | ||
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| Canon 2183 | ||
| A Unilateral Consensus Instrument such as a contract is not an agreement as it fails the fundamental test of mutual agreement, also known as consensus ad idem, also known as a “meeting of the (higher) minds”. Whilst Unilateral Consensus is predicated on consensus of the lower mind, or flesh, a contract by definition means at least one of the parties has not fully consciously and cognitively comprehended and accepted the terms. | ||
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| Canon 2184 | ||
| In addition to the provisions of these Canons, what constitutes a valid Unilateral Consensus is determined by valid statute of a juridic person consistent with these Canons. However, the most common requirements of valid form for a Unilateral Consensus include (but are not limited to): | ||
| (i) Offer – That one party makes a Sufficient Offer by some Terms about some Valuable Consideration that the other Accepts; and | ||
| (ii) Valuable Consideration – Is the accumulative Property or Rights representing the subject of the Offer; and | ||
| (iii) Sufficiency – Is the relative weight and equality of what is offered by one party versus what is given as acceptance in return, so that such an exchange cannot be argued as artificial, “peppercorn” or grossly unfair; and | ||
| (iv) Terms-Is that any conditions (terms) that exist are clearly stated in simple day-to-day language and that all parties have had reasonable time to read and review them; and | ||
| (v) Full Disclosure-Is the obligation to report a change in the condition or status of some material element of the Consensus to other parties; and | ||
| (vi) Acceptance- That evidence exists by Express Consent or Implied Consent that the Offer was accepted by all parties. | ||
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| Canon 2185 | ||
| As a Unilateral Consensus is not a true mutual agreement, the performance requirements defined by any Unilateral Consensus are enforceable only to the extent that there is an absence of formal rejection of Implied Consent by the performing party. | ||
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| Canon 2186 | ||
| In the absence of a formal rejection of Implied Consent by the performing party, the terms of performance of a Unilateral Consensus must be kept by all parties. | ||
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| Canon 2187 | ||
| The obligation for Full Disclosure in any consensus can never be lawfully abrogated, diminished or suspended. Therefore, in the absence of a formal rejection of Implied Consent by the performing party, the obligations for full disclosure in any change of circumstances associated with a Unilateral Consensus must be kept by all parties. | ||
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| Canon 2188 | ||
| Where a Unilateral Consensus has been formed on the presumption of Implied Consent, such presumption may be tested and rejected by a formal expression of withdrawal or rejection of consent. However, the form of such rejection of the presumption of Implied Consent is according to the form prescribed by valid statute of a Juridic person consistent with these Canons. | ||
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| Canon 2189 | ||
| Where a Unilateral Consensus has been officially rejected by the proper form of withdrawal or rejection of consent of the juridic person, then the relevant Unilateral Consensus ceases to have effect. However, if the proper form is not used, then the relevant Unilateral Consensus may remain in force even if non-consent has been clearly expressed. | ||
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