Canonum De Ius Fidei
Canons of Fiduciary Law

one heaven iconI.   Introductory Provisions

1.2 Concepts

Article 25 - Claims

Canon 7120 (link)

Claims are the eleventh of thirty-three (33) Administrative Elements of Trust being the oral or written assertion of a valid Right against another party regarding the possession or ownership of some property or thing withheld from the possession of the claimant.

Canon 7121 (link)

All Claims are by definition upon the oral or written assertion of one or more Rights. The absence of any Right means no Claim exists nor can any action proceed morally, lawfully or legally.

Canon 7122 (link)

There exists only four Types of valid Claim, depending upon the nature of the Right(s) being claimed being Payment, Possession, Ownership or Remedy:

(i) Claim of Right to Payment is any demand for payment, whether or not such Right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; and

(ii) Claim of Right to Possession is any demand for the return of certain property, excluding the issue of payment, whether or not such demand is reduced to judgment, possession, vacant possession, seizure, surrender or occupation; and

(iii) Claim of Right to Ownership, also known as Claim of Title is any assertion to hold and use certain land or property as one’s own, or demand the correction of records and title, where such issue of ownership is unclear, clouded or not yet acknowledged; and

(iv) Claim of Right to Remedy is any demand for cure, or remedy against an alleged breach of performance associated with a valid agreement, whether or not such remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured.

Canon 7123 (link)

A Claim of Right is recognized as having merit and cause upon the following essential criteria of Identification, Certification, Consideration and Obligation:

(i) Identification of Claimant means that the Claimant clearly identifies themselves, their status and capacity in relation to the alleged claim; and

(ii) Certification of Right means that the Claimant provides a certified and true copy of the instrument issued by a duly authorized Fiduciary or Agent under Official Seal of the Company and signed and executed granting the properly identified Claimant the one or more Rights that are the basis of the Claim; and

(iii) Consideration of Agreement means that the Claimant provides full copies of bona fides agreements signed and executed by a duly authorized Fiduciary or Agent under Official Seal for each and every one of the separate accounting periods in question regarding the Claim which demonstrates the valuable consideration provided by the Claimant, the terms and obligations of the agreement, the agreed schedule of fees and any penalty rates for any breach of agreement; and

(iv) Obligation for Compensation means that the Claimant provides certified and true extracts of any regular payments, or performance or services rendered for consideration by the Claimant and evidence demonstrating one or more breaches concerning proper signed and sealed agreements for which an Obligation for Compensation may be argued.

Canon 7124 (link)

A Claim of Right that fails to provide the essential criteria of Identification, Certification, Consideration and Obligation shall be considered an invalid Claim. A Claim of Right that is proven to be an invalid Claim yet still pursued against a Trust, or Estate or Fund is an immoral, unlawful and illegal action.