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you are here: > Canonum De Ius Positivum
> Article 235
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VII. Law |
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| 7.2 Principles of Law | ||
| Article 235-Meritus Proscriptum | ||
| Canon 2832 | ||
| Meritus Proscriptum is an ancient principle of Law whereby fair notice is given to an accused to enable them sufficient time to respond, attend and prepare a defense. | ||
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| Canon 2833 | ||
| The phrase Meritus Proscriptum is Latin for “Fair notice (of suit)”. | ||
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| Canon 2834 | ||
| Meritus Proscriptum is a fundamental pillar of justice whereby an accused cannot be judged if they were never properly made aware of the accusation. Similarly, Meritus Proscriptum means the ruling over a dispute or enforcement of a claim in which the rights of another are impinged is unlawful if the other party was never properly made aware of the claim or dispute. | ||
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| Canon 2835 | ||
| Meritus Proscriptum requires proof of service in the delivery of a written notice outlining the key facts of the controversy and options available to the party within a prescribed period of time allowing for an adequate response including: | ||
| (i) Physical service witnessed by at least two parties; or | ||
| (ii) Certified mail or courier; or | ||
| (iii) Certified email; or | ||
| (iv) Certified fax or phone message delivery. | ||
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| Canon 2836 | ||
| Public notice is not equivalent to Meritus Proscriptum. | ||
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