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Oh... I guess not. So it is in fact reality but nowhere written down? It only excists in peoples imagination then? Not much of a law if you ask me.
n. a presumption of fact assumed by a court for convenience, consistency or to achieve justice. There is an old adage: "Fictions arise from the law, and not law from fictions."
Originally posted by PsykoOps
So it's written but it is written so stealthily that only "freemen" can find it. Well that makes perfect sense...
to take over the liability for a debt on a promissory note, which is often done by the buyer of real property which has a secured debt upon it. Example: Bob Buyer pays part of the price of a piece of real property by taking over the debt that Sally Seller had on the property. However, usually the original owner to whom Sally owes the debt must agree to the assumption.
Originally posted by kyviecaldges
Originally posted by PsykoOps
So it's written but it is written so stealthily that only "freemen" can find it. Well that makes perfect sense...
Did you actually read the definition of a legal fiction?
A good example of a legal fiction is this.
Any employer is held responsible for the wrongs of their employees in a court of civil law.
3rd party liability.
The employer did not commit these wrongs, but in the eyes of the law they are responsible for them.
Legal fictions generally attribute the responsibility for payment, or liability, to a 3rd party.
Even though you, as in the natural person you, are not the artificial person you, which is your corporate self as acknowledged through the ALL CAPS name, natural you is held responsible for the debts or liabilities accrued by the artificial person.
And you acquire this through the act of a legal fiction.
When you go into court or you sign a contract with your name in ALL CAPS you are assuming liability for your artificial person.
Definition of assume from a legal dictionary.
to take over the liability for a debt on a promissory note, which is often done by the buyer of real property which has a secured debt upon it. Example: Bob Buyer pays part of the price of a piece of real property by taking over the debt that Sally Seller had on the property. However, usually the original owner to whom Sally owes the debt must agree to the assumption.
link to source
Are you understanding any of this psyko?edit on 24/7/2012 by kyviecaldges because: (no reason given)
An artificial person is another entity that is treated "more or less as a human being". If it was a human being, it would be treated as a human being, leaving off that more or less part ..
Legal personality (also artificial personality, juridical personality, and juristic personality) is the characteristic of a non-living entity regarded by law to have the status of personhood.
A legal person (Latin: persona ficta) (also artificial person, juridical person, juristic person, and body corporate, also commonly called a vehicle) has a legal name and has rights, protections, privileges, responsibilities, and liabilities under law, just as natural persons (humans) do. The concept of a legal person is a fundamental legal fiction. It is pertinent to the philosophy of law, as it is essential to laws affecting a corporation (corporations law) (the law of business associations).
Legal personality allows one or more natural persons to act as a single entity (a composite person) for legal purposes.
Originally posted by flyswatter
reply to post by kyviecaldges
I am quoting the Constitution, you are quoting Wikipedia.
You are certainly entitled to interpret the quote how you see fit. But how you or I interpret it makes absolutely no difference. What matters is how the courts (more specifically the Supreme Court) interpret it. By law, the SCOTUS interpretations are right and just.
Originally posted by kyviecaldges
Just to make this clear.
A legal personality is an aspect to an artificial person.
Since technically an natural person can't truly be artificial, what is happening is that the natural person ASSUMES the legal personality of the artificial person.
The artificial person is NOT the natural person.
They are separate.
Because the artificial person is a NON-ENTITY.
But what is happening is the natural person is assuming the legal personality of the artificial person.
This is because a non-entity has rights.
Because the non-entity has rights, but is a non-entity, it takes the assumed legal personality, assumed by one or more flesh and blood natural persons (in this case just one), to exercise the rights and privileges of the non-entity.
Do you understand now flyswatter?
Originally posted by kyviecaldges
reply to post by flyswatter
If you wish to continue saying that this is not true then that is your prerogative, but I don't understand how you can deny contract law.
Whether or not this is true is not up for debate.
You are correct that a natural person cannot be an artificial person.
But what is happening, and what I have been saying and apparently you understand, is that the natural person assumes the privileges, immunities and liabilities associated with the legal personality.
That is assuming the legal personality.
What is really the only debatable issue is whether or not we can find remedy under contract law for assumption of this artificial person.
It would seem as though we could.
But the courts have been very hesitant to offer remedy.
However, this could be due to procedural issues.
Talking to a lawyer will do no good.
Lawyers are officers of the court.
They are to always protect the best interests of the court because that is their bread and butter.
I have had lawyers tell me the truth.
That is why I understand this, but most will not.
And they have no obligation to tell the truth.
Honesty in this situation would be biting the hand that feeds them.