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you are here: > Canonum De Ius Positivum
> Article 139
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IV. Consensus |
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| 4.5 Consensus Dispute and Extinction | ||
| Article 139-Default | ||
| Canon 2376 | ||
| Default is the failure of a person to appear and defend an accusation, thus causing a judgment or action to be rendered against them. | ||
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| Canon 2377 | ||
| The failure to meet an obligation of a Consensus Instrument is a breach, not a default. A breach of a Consensus Instrument is not equivalent to a default. | ||
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| Canon 2378 | ||
| Excluding any lawful excuse or obstruction, a person or their counsel is expected to appear before a Competent Authority where an accusation or controversy against them has been raised. | ||
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| Canon 2379 | ||
| Excluding any lawful excuse or obstruction, a person who fails to attend a hearing before a Competent Authority, admits their guilt. | ||
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| Canon 2380 | ||
| Excluding fraudulent causes or action or errors of due process, the failure of a person to appear before a Competent Authority when called to answer and defend themselves causes an injury to the law. | ||
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| Canon 2381 | ||
| When a person has caused an injury to the law and admitted their guilt through non attendance, a Competent Authority may then issue an order against the person known as a Default Judgment, compelling the person to perform the obligations of the order. | ||
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| Canon 2382 | ||
| Any person who issues a default notice or judgment before a person has had the opportunity to defend themselves is guilty of fraud and deception and automatically consents and affirms full liability of the default judgment, plus any further penalties and punishment. | ||
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| Canon 2383 | ||
| A default notice or judgment can never be issued unless a person has been given the fair right and notice to defend themselves before a competent authority. | ||
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