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Law of Stormark

 

Act of the Althing

 

To all Our Well-Beloved Royals, Nobles and Knights, and all Our other Well-Beloved Citizens whatsoever to whom these Presents shall come, Greetings:

 

LET IT BE KNOWN that We, Harald Thorstein I the Generous Giver, The Sovereign Viking Emperor, have looked with favour upon the decision of the Althing of the Twenty Sixth Day of the Month Valaheim in the Fifth Year of the Second Viking Age that has been laid before Us:

 

The Storlaw

 

 

AN ACT TO CREATE AND ESTABLISH A GENERAL CIVIL CODE FOR THE VIKING EMPIRE OF STORMARK.

 

Part 1 : Law of Persons

 

Chapter 1

Enjoyment and Exercise of Civil Rights

 

1. Every human being possesses juridical personality and has the full enjoyment of civil rights.

 

2. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy; provided that these rights are inalienable.

 

3. Every person is fully able to exercise his civil rights; provided that in certain cases the law provides for representation or assistance.

 

4. Every person exercises his civil rights under the name chosen by him.

 

5. Every person is bound to exercise his civil rights in good faith; provided that no right may be exercised with the intent of injuring another or in an excessive and unreasonable manner which is contrary to the requirements of good faith.

 

6. No person may renounce the exercise of his civil rights, except to the extent consistent with public order.

 

Chapter 2

Name

 

1. Every person has a name chosen by him.

 

2. A person's name may only be changed by Imperial Instrument at his or her own request.

 

3. Every person has a right to the respect of his name.

 

4. A person who uses a name other than his own is liable for any resulting confusion or damage.

 

 

Chapter 3

Domicile

 

 

1. The domicile of a person, for the exercise of his civil rights, is at the Thanedom or Autonomous Country in which he is registered as resident.

 

2. A person who has no residence is deemed to be domiciled at the place of effective exercise of his civil rights.

 

Chapter 4

Absence and Death

 

1. An absentee is a person who, while he had his domicile in Our Most Sovereign and Noble Viking Empire, ceased to appear there without advising anyone, and of whom it is unknown whether he is still alive.

 

2. An absentee is presumed to be alive for six months following his disappearance, unless proof of his death is made before then.

 

3. A declaratory judgment of death may be pronounced by the Fimmtardómur on the application of any interested person upon expiration of the delay prescribed by the precedent section.

 

4. A declaratory judgment of death produces the same effects as death: the human being indicated therein shall cease to exist as a person.

 

Chapter 5

Respect of Reputation and Privacy

 

1. Every person has a right to the respect of his reputation and privacy; provided that no one may invade the privacy of a person without the consent of the person unless authorized by law.

 

2. Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use it for purposes that are inconsistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or damage the reputation of the person concerned.

 

3. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made at reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript.

 

4. A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information is of a nature that may seriously prejudice a third person.

 

5. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file; provided that notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.

 

Chapter 6

Legal Persons

 

1. Legal persons are endowed with juridical personality.

 

2. Legal persons are established in the public interest or for a private interest.

 

3. Legal persons are constituted in accordance with the juridical forms provided by Statute, or directly by a Statute or an Imperial Instrument.

 

4. Legal persons have full enjoyment of civil rights.

 

5. The domicile of a legal person is at the place and address of its head office.

 

6. Legal persons are distinct from their members. Their acts bind none but themselves, except as provided by law.

 

7. A legal person may change its name or its domicile by following the procedure established by this Code.

 

8. The functioning and activities of a legal person shall be regulated by its constituting act.

 

9. Legal persons act through their organs established by their constituting acts.

 

10. A legal person is represented by a natural person appointed in accordance with its constituting act.

 

11. In case of fraud with regard to the legal person, the Law Court may, on the application of an interested person, hold the founders or members of the legal person who have participated in the alleged act or derived personal profit therefrom liable, to the extent it indicates, for any damage suffered by the legal person.

 

12. In no case may a legal person set up juridical personality against a person in good faith if it is set up to dissemble fraud, abuse of right or contravention of a rule of public order.

 

13. The Law Court, in deciding an action by a third person in good faith, may rule that a person or group not having status as a legal person has the same obligations as a legal person if the person or group acted as such in respect of the third person.

 

14. A legal person may ratify an act performed for it before it was constituted; it is then substituted for the person who acted for it.

 

15. A person who acts for a legal person before it is constituted is bound by the obligations so contracted, unless the contract stipulates otherwise and includes a statement to the effect that the legal person might not be constituted or might not assume the obligations subscribed in the contract.

 

16. The following entities shall be legal persons :

 

i. incorporated societies (corporations);

 

ii. other institutions or bodies of person in cases prescribed by a special Statute or Imperial Instrument.

 

17. A society shall be incorporated by decree of the Fimmtardómur upon application of persons who are parties of a contract of society, if the Fimmtardómur is satisfied :

 

i. that there is an agreement of all the persons who are parties of the contract of society that the society be incorporated;

 

ii. that there is a constituting act of a corporation, approved by the majority of all the persons who are parties of the contract of society.

 

18. A legal person is dissolved by the annulment of its constituting act or for any other cause provided for by the constituting act or by Statute; provided that

 

i. It is also dissolved where the Law Court confirms the fulfilment of the condition attached to the constituting act, the accomplishment of the object for which the legal person was constituted, or the impossibility of accomplishing that object, or the existence of some other legitimate cause;

 

ii. A legal person may also be dissolved by consent of not less than two-thirds of the votes given at a general meeting convened expressly for that purpose.

 

19. The Viking Empire of Stormark, when it is party of a contract under this Code, shall be regarded as a legal person and shall be represented by an executive officer appointed for that purpose by the Emperor.

 

 

Part 2 : Law of Obligations

 

Chapter 1

General Provisions

 

1. It is of the essence of an obligation that there be persons between whom it exists, a prestation which forms its object, and, in the case of an obligation arising out of a juridical act, a cause which justifies its existence.

 

2. An obligation arises from a contract or from any act or fact to which the effects of an obligation are attached by law.

 

3. The object of an obligation is the prestation that the debtor is bound to render to the creditor and which consists in doing or not doing something; provided that the debtor is bound to render a prestation that is possible and determinate or determinable and that is neither forbidden by Statute nor contrary to public order.

 

Chapter 2

Contracts

 

1. Formation and Validity of Contracts

 

i. A contract is an agreement of wills by which one or several persons obligate themselves to one or several other persons to perform a prestation

 

ii. A contract is formed by the sole exchange of consents between persons having capacity to contract, unless, in addition, the law requires a particular form to be respected as a necessary condition of its formation, or unless the parties require the contract to take the form of a solemn agreement; provided that it is also of the essence of a contract that it have a cause and an object.

 

iii. The exchange of consents is accomplished by the express or tacit manifestation of the will of a person to accept an offer to contract made to him by another person.

 

iv. A contract is formed when and where acceptance is received by the offeror, regardless of the method of communication used, and even though the parties have agreed to reserve agreement as to secondary terms.

 

v. An offer to contract is a proposal which contains all the essential elements of the proposed contract and in which the offeror signifies his willingness to be bound if it is accepted.

 

vi. An offer to contract derives from the person who initiates the contract or the person who determines its content or even, in certain cases, the person who presents the last essential element of the proposed contract.

 

vii. An offer to contract may be made to a determinate or an indeterminate person, and a term for acceptance may or may not be attached to it. Where a term is attached, the offer may not be revoked before the term expires; if none is attached, the offer may be revoked at any time before acceptance is received by the offeror.

 

viii. Where the offeree receives a revocation before the offer, the offer lapses, even though a term is attached to it.

 

ix. An offer lapses if no acceptance is received by the offeror before the expiry of the specified term or, where no term is specified, before the expiry of a reasonable time; it also lapses in respect of the offeree if he has rejected it.

 

x. Acceptance which does not correspond substantially to the offer or which is received by the offeror after the offer has lapsed does not constitute acceptance. It may, however, constitute a new offer.

 

xi. Silence does not imply acceptance of an offer.

 

xii. Consent may be given only by a person who, at the time of manifesting such consent, either expressly or tacitly, is capable of binding himself.

 

xiii. Consent may be given only in a free and enlightened manner; provided that it may be vitiated by error or fear.

 

xiv. Error vitiates consent of the parties or of one of them where it relates to the nature of the contract, the object of the prestation or anything that was essential in determining that consent.

 

xv. Error on the part of one party induced by fraud committed by the other party or with his knowledge vitiates consent whenever, but for that error, the party would not have contracted, or would have contracted on different terms.

 

xvi. Fear of serious injury to the person or property of one of the parties vitiates consent given by that party where the fear is induced by violence or threats exerted or made by or known to the other party; provided that apprehended injury may also relate to another person or his property and is appraised according to the circumstances.

 

xvii. Fear induced by the abusive exercise of a right or power or by the threat of such exercise vitiates consent.

 

xviii. Consent to a contract the object of which is to deliver the person making it from fear of serious injury is not vitiated where the other contracting party, although aware of the state of necessity, is acting in good faith.

 

xix. Every person which enjoys and exercices civil rights has capacity to contract.

 

xx. The cause of a contract is the reason that determines each of the parties to enter into the contract; provided that the cause need not be expressed.

 

xxi. A contract whose cause is prohibited by Statute or contrary to public order is null.

 

xxii. The object of a contract is the juridical operation envisaged by the parties at the time of its formation, as it emerges from all the rights and obligations created by the contract.

 

xxiii. contract whose object is prohibited by Statute or contrary to public order is null.

 

xiv. A contract may be concluded before a Law Court by a mutual solemn declaration of those who have capacity to contract which must contain a clear expression of their congruent wills; provided that :

 

a. In such case the contract shall be concluded by registration of the declarations under the precedent paragraph by the Law Court; and

 

b. The validity of a contract concluded before a Law Court shall not be contested.

 

xxv. Any contract which does not meet the necessary conditions of its formation may be annulled.

 

xxvi. A contract is absolutely null where the condition of formation sanctioned by its nullity is necessary for the protection of the general interest.

 

xxvii. The absolute nullity of a contract may be invoked by any person having a present and actual interest in doing so; it is invoked by the Law Court of its own motion; provided that a contract that is absolutely null may not be confirmed.

 

xxviii. A contract is relatively null where the condition of formation sanctioned by its nullity is necessary for the protection of an individual interest, such as where the consent of the parties or of one of them is vitiated.

 

xxix. The relative nullity of a contract may be invoked only by the person in whose interest it is established or by the other contracting party, provided he is acting in good faith and sustains serious injury therefrom; it may not be invoked by the Law Court of its own motion; provided that a contract that is relatively null may be confirmed.

 

xxx. Unless the nature of the nullity is clearly indicated in this Code, a contract which does not meet the necessary conditions of its formation is presumed to be relatively null.

 

xxxi. A contract that is null is deemed never to have existed; provided that in such a case, each party is bound to restore to the other the prestations he has received.

 

xxxii. The confirmation of a contract results from the express or tacit will to renounce the invocation of its nullity; provided that it results only if the will to confirm is certain and evident.

 

xxxiii. Where the nullity of a contract may be invoked by each of the parties or by several of them against a common opposite party to the contract, confirmation by one of them does not prevent the others from invoking nullity.

 

2. Interpretation of Contracts

 

i. The common intention of the parties rather than adherence to the literal meaning of the words shall be sought in interpreting a contract.

 

ii. In interpreting a contract, the nature of the contract, the circumstances in which it was formed, the interpretation which has already been given to it by the parties or which it may have received, and usage, are all taken into account.

 

iii. Each clause of a contract is interpreted in light of the others so that each is given the meaning derived from the contract as a whole.

 

iv. A clause is given a meaning that gives it some effect rather than one that gives it no effect.

 

v. Words susceptible of two meanings shall be given the meaning that best conforms to the subject matter of the contract.

 

vi. A clause intended to eliminate doubt as to the application of the contract to a specific situation does not restrict the scope of a contract otherwise expressed in general terms.

 

vii. The clauses of a contract cover only what it appears that the parties intended to include, however general the terms used.

 

viii. In case of doubt, a contract is interpreted in favour of the person who contracted the obligation and against the person who stipulated it. In all cases, it is interpreted in favour of the adhering party.

 

3. Effects of Contracts

 

i. A contract creates obligations and, in certain cases, modifies or extinguishes them.

 

ii. A contract validly formed binds the parties who have entered into it not only as to what they have expressed in it but also as to what is incident to it according to its nature and in conformity with usage, equity or law.

 

iii. A clause which is null does not render the contract invalid in other respects, unless it is apparent that the contract may be considered only as an indivisible whole; provided that the same applies to a clause without effect or deemed unwritten.

 

iv. A contract may not be resolved, resiliated, modified or revoked except on grounds recognized by Statute or by agreement of the parties.

 

v. A contract has effect only between the contracting parties; it does not affect third persons, except where provided by Statute.

 

4. Contract of Society

 

i. A contract of society is a contract by which the parties, in a spirit of cooperation, agree to carry on an activity, including the operation of an enterprise, to contribute thereto by combining property, knowledge or activities and to share any resulting profits; provided that this section shall not be interpreted as to prevent persons from concluding any other contract not denominated by this Code.

 

 

Chapter 3

Civil Liability

 

1. Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another.

 

2. Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person and is liable to reparation for the injury.

 

3. Every person has a duty to honour his contractual undertakings.

 

4. A person may free himself from his liability for injury caused to another by proving that the injury results from superior force, unless he has undertaken to make reparation for it; provided that a superior force is an unforeseeable and irresistible event, including external causes with the same characteristics.

 

5. Where a person comes to the assistance of another person or, for an unselfish motive, disposes, free of charge, of property for the benefit of another person, he is exempt from all liability for injury that may result from it, unless the injury is due to his intentional or gross fault.

 

6. A person who receives a payment made in error, or merely to avoid injury to the person making it while protesting that he owes nothing, is obliged to restore it; provided that he is not obliged to restore it, however, where, in consequence of the payment, the claim of the person who received the undue payment in good faith is prescribed or the person has destroyed his title or relinquished a security, saving the remedy of the person having made the payment against the true debtor.

 

7. A person who is enriched at the expense of another shall, to the extent of his enrichment, indemnify the other for his correlative impoverishment, if there is no justification for the enrichment or the impoverishment.

 

8. Enrichment or impoverishment is justified where it results from the performance of

an obligation, from the failure of the person impoverished to exercise a right of which he may avail himself or could have availed himself against the person enriched, or from an act

performed by the person impoverished for his personal and exclusive interest or at his own risk and peril, or with a constant liberal intention.

 

Chapter 4

Performance of Obligations

 

1. Payment means not only the turning over of a sum of money in satisfaction of an obligation, but also the actual performance of whatever forms the object of the obligation.

 

2. Every payment presupposes an obligation; what has been paid where there is no obligation may be recovered; provided that recovery is not admitted, however, in the case of natural obligations that have been voluntarily paid.

 

3. Payment may be made by any person, even if he is a third person with respect to the obligation; the creditor may be put in default by the offer of a third person to perform the obligation in the name of the debtor, provided the offer is made for the benefit of the debtor and not merely to change creditors; provided that a creditor may not be compelled to take payment from a third person, however, if he has an interest in having the obligation performed by the debtor personally.

 

4. Payment shall be made to the creditor or to the person authorized to receive it for him; provided that payment made to a third person is valid if the creditor ratifies it; if it is not ratified, the payment is valid only to the extent that it benefits the creditor.

 

 

Part 3 : Private International Law

 

1. The status and capacity of a natural person are governed by the law of his country.

 

2. The status and capacity of a legal person are governed by the law of the country under which it was formed subject, with respect to its activities, to the law of the place where they are carried on.

 

3. The form of a juridical act is governed by the law of the place where it is made.

 

4. The contract shall be governed by this Code if :

 

i. at least one of persons who is party of that contract is a Citizen of Stormark; or

 

ii. the parties of that contract have, by a clause of the contract or by a separate agreement, agreed thereto.

 

Part 4 : Final Provisions

 

 

1. This Act shall be the General Civil Code of Stormark.

 

2. Unless renewed by the Althing or granted an extension by Emperor this Act shall cease to operate ten years after it has received the Imperial Assent.

 

3. This Act may be cited as the Storlaw.

 

4. This Act shall come into operation immediatly after it has received the Imperial Assent.

 

In consequence whereof We have assented to and confirmed, as We hereby do assent to and do confirm the same as Law under Our Hand and the Great Seal of Our Most Sovereign and Noble Viking Empire.

 

 

So be it!!

 

Given at Our Hall in Haraldsborg, in Our Thanedom of Gulathing, on the First Day of the Month Noatun in the Fifth Year of the Second Viking Age.

 

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Harald Torsten I den Givmilde, genom Vikingalagarnas Nåd Enväldig Vikingakejsare av Vikingakejsardömet Stormark, och genom andra Höga Lagars Nåd Kung av Sina andra Riken och Kolonier.
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