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KAILASA's Jurisprudence - Volume 1

Title VI

Title VII

Physical and Juridic Persons

Article II

Article I

Physical Persons

  • 1. By initiation one is incorporated into the nation of Kailasa and is constituted a person in it with the duties and rights which are proper to Kailasians in keeping with their condition,

insofar as they are in ecclesiastical communion and unless a legitimately issued sanction stands in the way.

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Juridic Persons

  • 1. In Kailasa, besides physical persons, there are also juridic persons, that is, subjects in Kailasa law of obligations and rights which correspond to their nature.
  • 2. Juridic persons are constituted either by the prescript of law or by special grant of competent authority given through a decree. They are aggregates of persons or of things ordered for a purpose which is in keeping with the mission of Kailasa and which transcends the purpose of the individuals.
  • 3. An aggregate of things, or an autonomous foundation, consists of goods or things, whether spiritual or material, and either one or more physical persons or a college directs it according to the norm of law and the statutes.
  • 4. Public juridic persons are aggregates of persons or of things which are constituted by competent ecclesiastical authority so that, within the purposes set out for them, they fulfill in the name of Kailasa, according to the norm of the prescripts of the law, the proper function entrusted to them in view of the public good; other juridic persons are private.
  • 5. Public juridic persons are given this personality either by the law itself or by a special decree of competent authority expressly granting it. Private juridic persons are given this personality only through a special decree of competent authority expressly granting it.
  • 6. No aggregate of persons or of things, intending to obtain juridic personality, is able to acquire it unless competent authority has approved its statutes.
  • 7. Representing a public juridic person and acting in its name are those whose competence is acknowledged by universal or particular law or by its own statutes. Representing a private juridic person are those whose competence is granted by statute.
  • 8. A juridic person is perpetual by its nature; nevertheless, it is extinguished if it is legitimately suppressed by competent authority or has ceased to act for a hundred years. A private juridic person, furthermore, is extinguished if the association is dissolved according to the norm of its statutes or if, in the judgment of competent authority, the foundation has ceased to exist according to the norm of its statutes.
  • 9. If aggregates of persons or of things, which are public juridic persons, are so joined that from them one aggregate is constituted which also possesses juridic personality, this new juridic person obtains the goods and patrimonial rights proper to the prior ones and

assumes the obligations with which they were enjoined. With regard to the allocation of goods in particular and to the fulfillment of obligations, however, the intention of the founders and donors as well as acquired rights must be respected.

  • 10. If an aggregate which possesses public juridic personality is so divided either that a part of it is united with another juridic person or that a distinct public juridic person is erected from the separated part, the ecclesiastical authority competent to make the division, having observed before all else the intention of the founders and donors, the acquired rights, and the approved statutes, must take care personally or through an executor:
    • a. that common, divisible, patrimonial goods and rights as well as debts and other obligations are divided among the juridic persons concerned, with due proportion in equity and justice, after all the circumstances and needs of each have been taken into account;
    • b. that the use and usufruct of common goods which are not divisible accrue to each juridic person and that the obligations proper to them are imposed upon each, in due proportion determined in equity and justice.
  • 11. Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes.

Juridic Acts

  • 1. For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act.
  • 2. A juridic act placed correctly with respect to its external elements is presumed valid. An act placed out of force inflicted on a person from without, which the person was not able to resist in any way, is considered as never to have taken place.
  • 3. An act placed out of ignorance or out of error concerning something which constitutes its substance is invalid. Otherwise it is valid unless the law makes other provision. An act entered into out of ignorance or error, however, can give rise to action according to the norm of law.
  • 4. Whoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted.