- Ten Commercial Maxims Of Law
- 21/05/2016 Make a Comment
- Contributed by: MrSquiggle ( 6 articles in 2016 )
The fundamental principles and precepts of universal commercial law that have for millennia formed the underpinnings of civilized law on this planet are both biblical and non-biblical, i.e. their truth and validity is a function of themselves and the long-accepted usage and practice by many cultures and peoples, in diverse forms, throughout the world for thousands of years. These fundamental Maxims of Commerce, which underlie all commercial documents, instruments, and processes, are enumerated herewith (with biblical references in parenthesis):
1. A workman is worthy of his hire
(Exodus 20:15; Lev. 19:13; Matt. 10:10; Luke 10:7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.”).
2. All are equal under the Law
(God’s Law–Ethical and Natural Law). (Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt., 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.”).
3. In Commerce truth is sovereign
(Exodus 20:16; Ps. 117:2; Matt. 6:33, John 8:32; II Cor 13:8. Legal maxim: “To lie is to go against the mind.”
4. Truth is expressed by means of an affidavit
(Lev. 5:4-5; Lev. 6:3-5; Lev 19:11-13; Num. 30:2; Matt. 5:33; James 5:12).
5. An unrebutted affidavit stands as the truth in Commerce
(1 Pet. 1:25; Heb. 6:13-15. Legal maxim: “He who does not deny, admits.”).
6. An unrebutted affidavit becomes the judgment in Commerce
(Heb. 6:16-17. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied.).
7. A matter must be expressed to be resolved
(Heb. 4:16; Phil. 4:6; Eph. 6:19-21. Legal maxim: “He who fails to assert his rights has none.”).
8. He who leaves the field of battle first loses by default
(Book of Job; Matt. 10:22. Legal maxim: “He who does not repel a wrong when he can, occasions it.”).
9. Sacrifice is the measure of credibility
(One who is not damaged, put at risk, or willing to swear an oath that he consents to claim against his commercial liability in the event that any of his statements or actions is groundless or unlawful, has no basis to assert claims or charges and forfeits all credibility and right to claim authority.)
(Acts 7, life/death of Stephen, maxim: “He who bears the burden ought also to derive the benefit.”).
10. A lien or claim can be satisfied only through rebuttal by Counter-affidavit point-for-point, resolution by jury, or payment
(Gen. 2-3; Matt. 4; Revelation. Legal maxim: “If the plaintiff does not prove his case, the defendant is absolved.”).
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1. A workman is worthy of his hire
(Exodus 20:15; Lev. 19:13; Matt. 10:10; Luke 10:7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.”).
2. All are equal under the Law
(God’s Law–Ethical and Natural Law). (Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt., 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.”).
3. In Commerce truth is sovereign
(Exodus 20:16; Ps. 117:2; Matt. 6:33, John 8:32; II Cor 13:8. Legal maxim: “To lie is to go against the mind.”
4. Truth is expressed by means of an affidavit
(Lev. 5:4-5; Lev. 6:3-5; Lev 19:11-13; Num. 30:2; Matt. 5:33; James 5:12).
5. An unrebutted affidavit stands as the truth in Commerce
(1 Pet. 1:25; Heb. 6:13-15. Legal maxim: “He who does not deny, admits.”).
6. An unrebutted affidavit becomes the judgment in Commerce
(Heb. 6:16-17. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied.).
7. A matter must be expressed to be resolved
(Heb. 4:16; Phil. 4:6; Eph. 6:19-21. Legal maxim: “He who fails to assert his rights has none.”).
8. He who leaves the field of battle first loses by default
(Book of Job; Matt. 10:22. Legal maxim: “He who does not repel a wrong when he can, occasions it.”).
9. Sacrifice is the measure of credibility
(One who is not damaged, put at risk, or willing to swear an oath that he consents to claim against his commercial liability in the event that any of his statements or actions is groundless or unlawful, has no basis to assert claims or charges and forfeits all credibility and right to claim authority.)
(Acts 7, life/death of Stephen, maxim: “He who bears the burden ought also to derive the benefit.”).
10. A lien or claim can be satisfied only through rebuttal by Counter-affidavit point-for-point, resolution by jury, or payment
(Gen. 2-3; Matt. 4; Revelation. Legal maxim: “If the plaintiff does not prove his case, the defendant is absolved.”).
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