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you are here: > Canonum De Ius Positivum
> Article 112
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IV. Consensus |
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| 4.1 Consensus | ||
| Article 112-Bilateral Consensus | ||
| Canon 2190 | ||
| Bilateral Consensus is a term describing the second 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 the Higher Mind and therefore also the Lower Mind (also equivalent to Mind and Flesh)- hence bilateral. | ||
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| Canon 2191 | ||
| Any form of concord between two or more parties where agreement by all parties is concluded by Express Consent is a Bilateral Consensus. | ||
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| Canon 2192 | ||
| The most common forms of Bilateral Consensus Instruments are agreements, alliances, conveyances, compacts, bargains, deeds, arrangements and correspondence. | ||
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| Canon 2193 | ||
| In addition to the provisions of these Canons, what constitutes a valid Bilateral Consensus is determined by valid statute of a juridic person consistent with these Canons. However, the most common requirements of valid form for a Bilateral 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) of performance 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) Remedy- Is that within the Terms there is clear expression of what remedy all parties possess in the event of one or more breaches; and | ||
| (vii) Penalties- Is clear indication of any and all penalties and charges associated with any breach; and | ||
| (viii) Completeness – That the Instrument is complete and no part is missing; and | ||
| (ix) Mutual Expressed Acceptance- That evidence exists of Express Consent that the Offer was accepted by all parties. | ||
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