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3. Civil standards
and social objectives
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0.3 Civil standards and social objectives |
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Article 20-The limitation of civil wrong (tort) |
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| 20.1 |
One form of action |
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There shall be one form of action to be known as "civil action." |
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| 20.2 |
Commencement of Action |
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A civil action is commenced by filing a complaint with the court.Where a valid statement of claim exists, there shall be a valid complaint to answer. |
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| 20.3 |
Valid Statement of claim ("claim") as basis of complaint |
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A civil action complaint must always be in the form a formal and valid statement of claim ("claim") which must follow the form and procedures listed herein as to structure, content, timing of lodgment, remedy sought and lawful basis of claim ("lawful claim"). |
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| 20.4 |
Lawful basis of complaint |
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A statement of claim ("claim") is only valid if it adheres to the proper form and is based on a lawful claim. A lawful claim is any claim under Civil Law which permits a person, entity or group to apply for action by the Court. |
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An invalid statement of claim is any claim which does not relate to a lawful claim as stated according to the Civil Code. Under no circumstances is a civil claim ever permitted against a specific matter which has also been subject to a criminal charge. |
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| 20.5 |
Criminal cases take precedence over Civil case |
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A criminal case shall always take precedence over a civil action. |
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| 20.6 |
Non-permission to consider tort traditions |
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The term "tort" is a legal term derived from the Latin word "tortus", meaning a "wrong". In the tradition of common law, a tort is a civil wrong, other than a breach of contract, for which the law of many nations provides a remedy. |
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A tort is therefore considered a breach of a non-contractual duty potentially owed to the entire world, imposed by law. |
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While all genuine social and personal wrong deserves in some way a remedy, the original principle of tort law in the fair remedy of wrong has since become a vestige for outrageous claims of damage and endless litigation. |
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By this Code, the whole body of tort law and principle is non-permissable and can never apply to European Union. Instead, the remedy of compensation is built into all criminal offences as well as civil breaches, without the need to continue the existence of the common law tradition of tort law. |
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