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you are here: > Canonum De Ius Positivum
> Article 128
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IV. Consensus |
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| 4.3 Consensus Obligation | ||
| Article 128-Surety | ||
| Canon 2284 | ||
| Surety is when a Person undertakes some specific responsibility on behalf of another who remains primarily liable. Hence, Surety is one who makes themselves liable for the default or miscarriage of another, or for the performance of some action on their part such as the payment of debt, appearance at trial or underwriting of bond. | ||
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| Canon 2285 | ||
| Excluding a mistake of fact, or some deliberate deception or fraud, when a man or woman acts or engages with another through a fictional Person, they automatically assume Surety for that Person even if they have no rights concerning that Person. | ||
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| Canon 2286 | ||
| No man or woman may be forced to act as Surety to a particular Person or Trust, especially when the Executor, Trustee or Owner of that Trust may have acted deceptively and dishonorably in failing full disclosure of attached rights and obligations. | ||
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| Canon 2287 | ||
| When any Official Person, Executor or Trustee acts in a deliberately deceptive and dishonorable manner in order to compel a man or woman to act as Surety for a Person, all debts and liabilities for that Person automatically are assumed by the Official, including consent for any punitive action including the charging of Criminal Offences and expulsion from Office. | ||
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| Canon 2288 | ||
| When any Official Person, Executor or Trustee acts in a deliberately deceptive and dishonorable manner in order to compel a man or woman to act as Surety for a Person, any ordinances, orders or punishments are automatically unlawful, having no validity or effect. An Official charged with unlawful orders or punishments may not claim any form of immunity. | ||
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| Canon 2289 | ||
| Excluding deliberate fraud or deception, a man or woman cannot extinguish their Surety for a Person until any debts and liabilities are paid, unless the Person is an Inferior Person. In such a case, the man and woman must give proper notice of non-consent as surety and for all debts and liabilities to be returned to the Executor or their appointed Trustees of the Inferior Person for payment. | ||
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| Canon 2290 | ||
| No Inferior Juridic Person has the right to deny the recording and use of a higher form of Person by any man or woman as Surety in replacement for a lesser and inferior Person. | ||
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