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you are here: > Canonum De Ius Positivum
> Article 147
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IV. Consensus |
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| 4.5 Consensus Dispute and Extinction | ||
| Article 147-Misrepresentation | ||
| Canon 2421 | ||
| Misrepresentation is when one party of a Consensus makes false and misleading statements of fact to the other party in order to induce an agreement or secure some other advantage. | ||
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| Canon 2422 | ||
| Misrepresentation is equivalent to fraud in the effect that once proven, it causes the extinction of any Consensus with forgiveness of all obligations and debts of the victim. A Competent Authority may also award further damages against the party guilty of misrepresentation. | ||
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| Canon 2423 | ||
| False and misleading statements of fact in reference to Misrepresentation are required to be proven to be deliberately and knowingly false, done with the intention of inducing a party to Consensus or secure some other defined advantage within the Consensus. | ||
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| Canon 2424 | ||
| Silence is to be regarded as a potential form of misrepresentation. Lack of full disclosure is also to be regarded as a form of misrepresentation. | ||
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| Canon 2425 | ||
| A technical distortion of fact may not of itself be sufficient proof of misrepresentation when it can be shown to be a mistake of fact. | ||
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| Canon 2426 | ||
| Unless concealment by silence or lack of disclosure can be shown, a change in circumstances between an offer, or a consideration and a final Consensus before consent is not of itself sufficient grounds for misrepresentation. | ||
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| Canon 2427 | ||
| The use of terms without proper disclosure as to their legal effect is a form of Misrepresentation. | ||
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| Canon 2428 | ||
| Any Mortgage Consensus that fails to properly disclose the financial institution as Landlord, the borrower as Tenant and the agreement as a lease, with interest payments being rent is a form of gross misrepresentation. In accordance with these canons and Pactum De Singularis Caelum all such Consensus Instruments are hereby summarily rendered null and void with the offending financial institution accepting full liability and obligations for their deliberate misrepresentation as penalty. | ||
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