├── CNAME ├── LICENSE ├── README.md ├── UlexFoundationBitcoinAddress.jpg ├── Ulex_Flower_Face.pdf ├── _config.yml ├── _layouts └── default.html ├── ulex-logo.png └── versions ├── 1.0 └── base.txt ├── 1.1 ├── README.md └── ulex-europaeus.png ├── 1.2 ├── README.md └── ulex-europaeus.png └── README.md /CNAME: -------------------------------------------------------------------------------- 1 | ulex.law -------------------------------------------------------------------------------- /LICENSE: -------------------------------------------------------------------------------- 1 | This is free and unencumbered software released into the public domain. 2 | 3 | Anyone is free to copy, modify, publish, use, compile, sell, or 4 | distribute this legal code for any purpose, commercial or non- 5 | commercial, and by any means. 6 | 7 | In jurisdictions that recognize copyright laws, the author or authors 8 | of this code dedicate any and all copyright interest in it to the public 9 | domain. We make this dedication for the benefit of the public at large 10 | and to the detriment of our heirs and successors. We intend this 11 | dedication to be an overt act of relinquishment in perpetuity of all 12 | present and future rights to this code under copyright law. 13 | 14 | THE CODE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 15 | EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF 16 | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 17 | IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR 18 | OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, 19 | ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR 20 | OTHER DEALINGS IN THE CODE. 21 | 22 | For more information, please refer to 23 | -------------------------------------------------------------------------------- /README.md: -------------------------------------------------------------------------------- 1 | # Ulex 2 | Here you can find [Ulex, the open source legal system](versions/1.2/), under git version control. 3 | 4 | ## What is Ulex? 5 | An open-source legal system for special jurisdictions, online markets, ZEDEs, seasteads, and other startup communities. 6 | It combines tested and trusted rule sets from private and international organizations in a robust but flexible configuration. 7 | 8 | Ulex protects personal and property rights with an efficient and fair dispute resolution process, promoting the rule of law. 9 | 10 | Ulex is not imposed by any government but instead adopted by the mutual consent of those it governs. 11 | 12 | 13 | ## Why Do We Need Ulex? 14 | * Special legal jurisdictions can encourage local growth and inspire wider reforms. 15 | * The rules that govern these zones have to come from somewhere. 16 | * Ulex offers a neutral and international alternative to the legal systems of particular nation states. 17 | * It offers a flag-free set of rules drawn from private, international, and intergovernmental organizations. 18 | * These tested and trusted rule sets embody international best practices and come free of any foreign sovereign's control. 19 | 20 | 21 | ## How Does Ulex Resolve Disputes? 22 | The default procedure for resolving disputes in Ulex has three elements: 23 | 1. Judges: Each of the opposing parties chooses a judge, and those two judges choose a third. 24 | 2. Remedies: The judges choose a remedy offered by one of the parties or dismiss the case. 25 | 3. Costs: The losing party pays the winning party's reasonable legal costs. 26 | 27 | Ulex also includes more detailed procedural rules, authored by preeminent nongovernmental organizations. 28 | 29 | 30 | ## Where Does Ulex Get its Substantive Rules? 31 | Most of the substantive rules of Ulex come from select Restatements of the Common Law, Uniform Codes, and Model Rules. 32 | 33 | Ulex also includes a few bespoke rules. 34 | 35 | > (Note that some institutions claim copyrights in some of the rule sets invoked by Ulex.) 36 | 37 | 38 | ## What Ties It All Together? 39 | Ulex's meta rules ensure that all the various parts work together without contradiction and to practical effect. 40 | 41 | 42 | ## What Inspired Ulex? 43 | Ulex follows the lead of open source operating systems like Unix, GNU, and Linux. 44 | 45 | Whereas those codes run computers, though, Ulex runs legal systems. 46 | 47 | In either case, users can download, use, and modify the rules free of charge. 48 | 49 | ## Notes for Users 50 | 51 | How can you run Ulex? Either move to a jurisdiction that has adopted the legal 52 | system or, in what amounts to much the same thing, mutually agree with others to have Ulex 53 | govern your legal relations. The first option remains for now only a theoretical possibility; 54 | the second calls for little more than a handshake. 55 | 56 | To make it formal, an agreement to run Ulex should have a choice of law and forum clause along these lines: 57 | "Ulex 1.2 governs any claim or question arising under or related to this agreement, including the proper forum 58 | for resolving disputes, all rules applied therein, and the form and effect of any judgment." 59 | 60 | For greatest accuracy, citations to Ulex should note the version; e.g.: "Ulex 1.2" or 61 | "Ulex 1.2 (2020)." Particular rules can be cited using this format: "Ulex 1.2, Rule 2.6.5 62 | (2020)" or, when greater exactitude is needed, "Ulex 1.2, Rule 2.6.5, §§ 2-102 & 2-103 (2020)." 63 | 64 | 65 | ## Where Can I Learn More About Ulex? 66 | * [Video from BIL, in Los Angeles](https://youtu.be/I83ywM-zd4k) 67 | * [Text of version 1.0](https://goo.gl/bChSpI) 68 | * [Text of version 1.1](https://github.com/ulex-opensource/Ulex/tree/master/versions/1.1) 69 | * [Text of version 1.2](https://github.com/ulex-opensource/Ulex/tree/master/versions/1.2) 70 | * Chapter 3.7 of Tom W. Bell, ["Your Next Government?"](https://www.amazon.com/Your-Next-Government-Stateless-Nations/dp/1316613925) 71 | * A [brief look at Ulex](https://web.archive.org/web/20220121082849/https://www.chartercitiesinstitute.org/post/ulex-a-legal-framework) on the Charter Cities Institute blog 72 | -------------------------------------------------------------------------------- /UlexFoundationBitcoinAddress.jpg: -------------------------------------------------------------------------------- https://raw.githubusercontent.com/ulex-opensource/Ulex/68f78bd5dec9174211fd10a4a81cbce498f03566/UlexFoundationBitcoinAddress.jpg -------------------------------------------------------------------------------- /Ulex_Flower_Face.pdf: -------------------------------------------------------------------------------- https://raw.githubusercontent.com/ulex-opensource/Ulex/68f78bd5dec9174211fd10a4a81cbce498f03566/Ulex_Flower_Face.pdf -------------------------------------------------------------------------------- /_config.yml: -------------------------------------------------------------------------------- 1 | theme: jekyll-theme-slate -------------------------------------------------------------------------------- /_layouts/default.html: -------------------------------------------------------------------------------- 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | {% seo %} 11 | 12 | 13 | 14 | 15 | 16 |
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41 | 42 | 43 | 51 | 52 | {% if site.google_analytics %} 53 | 61 | {% endif %} 62 | 63 | 64 | -------------------------------------------------------------------------------- /ulex-logo.png: -------------------------------------------------------------------------------- https://raw.githubusercontent.com/ulex-opensource/Ulex/68f78bd5dec9174211fd10a4a81cbce498f03566/ulex-logo.png -------------------------------------------------------------------------------- /versions/1.0/base.txt: -------------------------------------------------------------------------------- 1 | Ulex 1.0 (2016) 2 | https://goo.gl/bChSpI 3 | 4 | 5 | 6 | 1. Procedural Rules 7 | 8 | 1.1. Basic Procedural Triad 9 | 1.1.1. Judges: Each party chooses a judge and those two judges choose a third. 10 | 1.1.2. Remedies: The judges choose one party's proposed remedy. 11 | 1.1.3. Costs: The losing party pays the winning party's legal costs. 12 | 13 | 1.2. Procedural Principles: ALI & International Institute for the Unification of Law, Principles of Transnational Civil Procedure (2004). 14 | 15 | 1.3. Detailed Procedural Rules: American Arbitration Association, Commercial Arbitration Rules and Mediation Procedures (2010). 16 | 17 | 18 | 2. Substantive Rules 19 | 20 | 2.1. Tort Law 21 | 2.1.1. Generally: ALI, Restatement of Torts, Second (1965-79). 22 | 2.1.2. Defective Products: ALI, Restatement of Torts, Third, Product Liability (1998). 23 | 2.1.3. Shared Blame: ALI, Restatement of Torts, Third, Apportionment of Liability (2000). 24 | 2.1.4. Personal Harm: ALI, Restatement of Torts, Third, Liability for Physical and Emotional Harm (2009-12). 25 | 26 | 2.2. Property Law 27 | 2.2.1. Generally: ALI, Restatement of Property (1936-40). 28 | 2.2.2. Leases: ALI, Restatement of Property, Second, Landlord and Tenant (1977). 29 | 2.2.3. Mortgages: ALI, Restatement of Property, Third, Mortgages (1997). 30 | 2.2.4. Servitudes: ALI, Restatement of Property, Third, Servitudes (2000). 31 | 2.2.5. Gifts: ALI, Restatement of Property, Third, Wills and Other Donative Transfers (1999−2003). 32 | 33 | 2.3. Contract Law: ALI, Restatement of Contracts, Second (1981). 34 | 35 | 2.4 Additional Restatements of the Common Law 36 | 2.4.1. Conflict of Laws: ALI, Restatement of Conflict of Laws, Second (1971). 37 | 2.4.2. Unfair Competition: ALI, Restatement of Unfair Competition, Third (1995). 38 | 2.4.3. Suretyship and Guaranty: ALI, Restatement of Suretyship and Guaranty, Third (1996). 39 | 2.4.4. Agency: ALI, Restatement of the Law of Agency, Third (2006). 40 | 2.4.5. Trusts: ALI, Restatement of Trusts, Third (2003−12). 41 | 2.4.6. Restitution and Unjust Enrichment: ALI, Restatement of Restitution and Unjust Enrichment, Third (2011). 42 | 2.4.7. Employment: ALI, Restatement of Employment Law, Third (2014). 43 | 44 | 2.5. Uniform Commercial Codes 45 | 2.5.1. General Provisions: ALI & and Uniform Law Commission (ULC), Uniform Commercial Code (UCC), Article 1: General Provisions (2001). 46 | 2.5.2. Leases of Goods: ALI & ULC, UCC Article 2A: Leases (2002). 47 | 2.5.3. Negotiable Instruments: ALI & ULC, UCC Article 3: Negotiable Instruments (2002). 48 | 2.5.4. Banking: ALI & ULC, UCC Article 4: Bank Deposits and Collections (2002). 49 | 2.5.5. Funds Transfers: ALI & ULC, UCC Article 4A: Funds Transfers (2012). 50 | 2.5.6. Letters of Credit: ALI & ULC, UCC Article 5: Letters of Credit (1995). 51 | 2.5.7. Documents of Title: ALI & ULC, UCC Article 7: Documents of Title (2003). 52 | 2.5.8. Investment Securities: ALI & ULC, UCC Article 8: Investment Securities (1994). 53 | 2.5.9. Secured Transactions: ALI & ULC, UCC Article 9: Secured Transactions (2010). 54 | 55 | 2.6. Natural Persons 56 | 2.6.1. Adoption: ULC, Uniform Adoption Act (1994). 57 | 2.6.2. Wards and Protected Persons: ULC, Uniform Guardianship and Protective Proceedings Act (1997). 58 | 2.6.3. Parentage: ULC, Uniform Parentage Act (2002). 59 | 2.6.4. Marriage: ULC, Uniform Premarital and Marital Agreements Act (2012). 60 | 2.6.5. Probate: ULC, Uniform Probate Code (2010). 61 | 62 | 2.7. Legal Persons 63 | 2.7.1. Nonprofit Corporations: ABA, Model Nonprofit Corporation Act (2008). 64 | 2.7.2. Corporations: ABA, Model Business Corporation Act (2013) 65 | 2.7.3. Business Organizations: ULC, Uniform Business Organizations Code (UBOC), Article 1: The Hub (2013) 66 | 2.7.4. Conversions and Mergers: ULC, UBOC, Article 2: Model Entity Transaction Act (2013). 67 | 2.7.5. Partnerships: ULC, UBOC, Article 3: Uniform Partnership Act (2013). 68 | 2.7.6. Limited Partnerships: ULC, UBOC, Article 4: Uniform Limited Partnership Act (2013) 69 | 2.7.7. Limited Liability Companies: ULC, UBOC, Article 5: Uniform Limited Liability Company Act (2013). 70 | 2.7.8. Cooperative Associations: ULC, UBOC, Article 6: Uniform Limited Cooperative Association Act (2013). 71 | 2.7.9. Unincorporated Nonprofits: ULC, UBOC, Article 7: Uniform Unincorporated Nonprofit Association Act (2011) 72 | 2.7.10. Business Trusts: ULC, UBOC, Article 8: Uniform Statutory Trust Entity Act (2013). 73 | 74 | 2.8. Substantive Administrative Rules 75 | 76 | 2.8.1. Electronic Signatures: ULC, Uniform Electronic Transactions Act (1999). 77 | 2.8.2. Electronic Recording: ULC, Uniform Real Property Electronic Recording Act (2005). 78 | 2.8.3. Priority of Title to Real Property: Any conveyance of an interest in real property that has not been recorded in the relevant land records office, if any, shall be void as against any subsequent transfer of a conflicting interest for value paid in good faith, recorded earlier. 79 | 2.8.4. Adulthood: Adulthood, age of consent, majority, and capacity to contract begin 18 years after a person's birth. 80 | 2.8.5. Time Limits: A cause of action subject to the statute of limitations or a claim against adverse possession or prescription expires seven years after its accrual. 81 | 82 | 83 | 3. Meta-Rules 84 | 85 | 3.1. Conflicting Rules: If different rules give conflicting results, the rule listed later in this index prevails over any earlier one. 86 | 87 | 3.2. Alternative Rules: If a rule offers alternative provisions, the alternative offered first prevails over any later one. 88 | 89 | 3.3. Alternative Meanings: If a rule refers to an institution, office, power, or privilege that does not exist in a jurisdiction running Ulex, the rule instead refers to the closest functionally equivalent institution, office, power, or privilege that does or could exist in one. 90 | 91 | 92 | 4. Optional Criminal Law Module 93 | 94 | 4.1. Criminal Procedural Rules: 95 | 4.1.1. ULC, Model Rules of Criminal Procedure (1987.) 96 | 4.1.2. ALI, Model Penal Code (2009) (procedural provisions). 97 | 98 | 4.2 Criminal Substantive Rules: ALI, Model Penal Code (2009) (substantive provisions). 99 | -------------------------------------------------------------------------------- /versions/1.1/README.md: -------------------------------------------------------------------------------- 1 | # Ulex Open Source Legal Operating System Version 1.1 (2017) 2 | 3 | ![ulex europaeus](ulex-europaeus.png) 4 | 5 | ## 1. Procedural Rules 6 | 7 | ### 1.1. Procedural Principles 8 | 9 | ALI & International Institute for the Unification of Law, Principles of Transnational Civil Procedure (2004). 10 | 11 | ### 1.2. Default Procedural Rules 12 | 13 | #### 1.2.1. Judges 14 | 15 | Each party shall choose a judge and those two judges shall choose a third, who shall chair the panel of three judges.1 16 | 17 | #### 1.2.2. Remedies 18 | 19 | Judges must choose one party's proposed remedy by majority vote or dismiss the suit but shall not order any other remedy.2 20 | 21 | #### 1.2.3. Costs 22 | 23 | A party whose proposed remedy was not chosen shall pay the reasonable legal costs of any counterparty whose remedy was chosen.3 24 | 25 | #### 1.2.4 Appeals 26 | 27 | Any party to a suit may appeal it to a panel composed of the judges who issued the decision under appeal plus four additional judges: 28 | 29 | 1. One chosen by the first judge chosen for the deciding panel and its chair; 30 | 2. One chosen by the second judge chosen for the deciding panel and its chair; 31 | 3. One chosen by the two judges of the deciding panel not chairs; and 32 | 4. One, who shall chair the appellate panel, chosen by the judges chosen under subsections 1 and 2, above. 33 | 34 | ## 2. Substantive Rules 35 | 36 | ### 2.1. Tort Law 37 | 38 | #### 2.1.1. Generally 39 | 40 | ALI, [Restatement of Torts, Second (1965-79)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts/), excepting §§ 895 A-D (immunizing government agents from liability for their torts). 41 | 42 | #### 2.1.2. Defective Products 43 | 44 | ALI, [Restatement of Torts, Third, Product Liability (1998)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-third/). 45 | 46 | #### 2.1.3. Shared Blame 47 | 48 | ALI, [Restatement of Torts, Third, Apportionment of Liability (2000)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-apportionment-liability/). 49 | 50 | #### 2.1.4. Personal Harm 51 | 52 | ALI, [Restatement of Torts, Third, Liability for Physical and Emotional Harm (2009-12)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-liability-physical-and-emotional-harm/). 53 | 54 | ### 2.2. Property Law 55 | 56 | #### 2.2.1. Generally 57 | 58 | ALI, Restatement of Property (1936-40).4 59 | 60 | #### 2.2.2. Leases 61 | 62 | ALI, [Restatement of Property, Second, Landlord and Tenant (1977)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-landlord-and-tenant/). 63 | 64 | #### 2.2.3. Mortgages 65 | 66 | ALI, [Restatement of Property, Third, Mortgages (1997)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-mortgages/). 67 | 68 | #### 2.2.4. Servitudes 69 | 70 | ALI, [Restatement of Property, Third, Servitudes (2000)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-servitudes/). 71 | 72 | #### 2.2.5. Gifts 73 | 74 | ALI, [Restatement of Property, Third, Wills and Other Donative Transfers (1999-2003)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-wills-and-other-donative-transfers/). 75 | 76 | ### 2.3. Contract Law 77 | 78 | ALI, [Restatement of Contracts, Second (1981)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/contracts/). 79 | 80 | ### 2.4. Additional Restatements of the Common Law 81 | 82 | #### 2.4.1. Conflict of Laws 83 | 84 | ALI, [Restatement of Conflict of Laws, Second (1971)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/conflict-laws/). 85 | 86 | #### 2.4.2. Unfair Competition 87 | 88 | ALI, [Restatement of Unfair Competition, Third (1995)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/unfair-competition/). 89 | 90 | #### 2.4.3. Suretyship and Guaranty 91 | 92 | ALI, [Restatement of Suretyship and Guaranty, Third (1996)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/suretyship-and-guaranty/). 93 | 94 | #### 2.4.4. Agency 95 | 96 | ALI, [Restatement of the Law of Agency, Third (2006)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/agency/). 97 | 98 | #### 2.4.5. Trusts 99 | 100 | ALI, [Restatement of Trusts, Third (2003-12)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/trusts/). 101 | 102 | #### 2.4.6. Restitution and Unjust Enrichment 103 | 104 | ALI, [Restatement of Restitution and Unjust Enrichment, Third (2011)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/restatement-law/). 105 | 106 | #### 2.4.7. Employment 107 | 108 | ALI, [Restatement of Employment Law, Third (2015)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/employment-law/). 109 | 110 | ### 2.5. Uniform Commercial Codes 111 | 112 | #### 2.5.1. General Provisions 113 | 114 | ALI & and Uniform Law Commission (ULC), [Uniform Commercial Code (UCC), Article 1: General Provisions (2001)](https://web.archive.org/web/20160430/https://www.law.cornell.edu/ucc/1). 115 | 116 | #### 2.5.2. Leases of Goods 117 | 118 | ALI & ULC, [UCC Article 2A: Leases (2002)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/2A). 119 | 120 | #### 2.5.3. Negotiable Instruments 121 | 122 | ALI & ULC, [UCC Article 3: Negotiable Instruments (2002)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/3). 123 | 124 | #### 2.5.4. Banking 125 | 126 | ALI & ULC, [UCC Article 4: Bank Deposits and Collections (2002)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/4). 127 | 128 | #### 2.5.5. Funds Transfers 129 | 130 | ALI & ULC, [UCC Article 4A: Funds Transfers (2012)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/4A). 131 | 132 | #### 2.5.6. Letters of Credit 133 | 134 | ALI & ULC, [UCC Article 5: Letters of Credit (1995)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/5). 135 | 136 | #### 2.5.7. Documents of Title 137 | 138 | ALI & ULC, [UCC Article 7: Documents of Title (2003)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/7). 139 | 140 | #### 2.5.8. Investment Securities 141 | 142 | ALI & ULC, [UCC Article 8: Investment Securities (1994)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/8). 143 | 144 | #### 2.5.9. Secured Transactions 145 | 146 | ALI & ULC, [UCC Article 9: Secured Transactions (2010)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/9). 147 | 148 | ### 2.6. Natural Persons 149 | 150 | #### 2.6.1. Adoption 151 | 152 | ULC, [Uniform Adoption Act (1994)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Adoption%20Act%20(1994)). 153 | 154 | #### 2.6.2. Wards and Protected Persons 155 | 156 | ULC, [Uniform Guardianship and Protective Proceedings Act (1997)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Guardianship%20and%20Protective%20Proceedings%20Act%20(1997)). 157 | 158 | #### 2.6.3. Parentage 159 | 160 | ULC, [Uniform Parentage Act (2017)](https://web.archive.org/web/20181029/http://uniformlaws.org/Act.aspx?title=Parentage%20Act%20(2002)). 161 | 162 | #### 2.6.4. Marriage 163 | 164 | ULC, [Uniform Premarital and Marital Agreements Act (2012)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Premarital%20and%20Marital%20Agreements%20Act). 165 | 166 | #### 2.6.5. Probate 167 | 168 | ULC, [Uniform Probate Code (2010)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Probate%20Code). 169 | 170 | ### 2.7. Legal Persons 171 | 172 | #### 2.7.1. Nonprofit Corporations 173 | 174 | ABA, [Model Nonprofit Corporation Act (2008)](https://web.archive.org/web/20160501/http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/joint_fall/2008/black_letter.authcheckdam.pdf). 175 | 176 | #### 2.7.2. Corporations 177 | 178 | ABA, [Model Business Corporation Act (2016)]( https://web.archive.org/web/20160501/https://apps.americanbar.org/dch/committee.cfm?com=CL270000). 179 | 180 | #### 2.7.3. Business Organizations 181 | 182 | ULC, Uniform Business Organizations Code (UBOC), [Article 1: The Hub (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Article%201%20of%20the%20Uniform%20Business%20Organizations%20Code%20(UBOC%20Hub)%20(2011)%20(Last%20Amended%202013)). 183 | 184 | #### 2.7.4. Conversions and Mergers 185 | 186 | ULC, UBOC, [Article 2: Model Entity Transaction Act (2013)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Entity%20Transactions%20Act,%20Model%20(2007)%20(Last%20Amended%202013)). 187 | 188 | #### 2.7.5. Partnerships 189 | 190 | ULC, UBOC, [Article 3: Uniform Partnership Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Partnership%20Act%20(1997)%20(Last%20Amended%202013)). 191 | 192 | #### 2.7.6. Limited Partnerships 193 | 194 | ULC, UBOC, [Article 4: Uniform Limited Partnership Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Partnership%20Act%20(2001)%20(Last%20Amended%202013)). 195 | 196 | #### 2.7.7. Limited Liability Companies 197 | 198 | ULC, UBOC, [Article 5: Uniform Limited Liability Company Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Liability%20Company%20(2006)%20(Last%20Amended%202013)). 199 | 200 | #### 2.7.8. Cooperative Associations 201 | 202 | ULC, UBOC, [Article 6: Uniform Limited Cooperative Association Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Cooperative%20Association%20Act%20(2007)%20(Last%20Amended%202013)). 203 | 204 | #### 2.7.9. Unincorporated Nonprofits 205 | 206 | ULC, UBOC, [Article 7: Uniform Unincorporated Nonprofit Association Act (2011)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Unincorporated%20Nonprofit%20Association%20Act%20(2008)%20(Last%20Amended%202011)). 207 | 208 | #### 2.7.10. Business Trusts 209 | 210 | ULC, UBOC, [Article 8: Uniform Statutory Trust Entity Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Statutory%20Trust%20Entity%20Act). 211 | 212 | ### 2.8. Substantive Administrative Rules 213 | 214 | #### 2.8.1. Electronic Signatures 215 | 216 | ULC, [Uniform Electronic Transactions Act (1999)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Electronic%20Transactions%20Act). 217 | 218 | #### 2.8.2. Electronic Recording 219 | 220 | ULC, [Uniform Real Property Electronic Recording Act (2005)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Real%20Property%20Electronic%20Recording%20Act). 221 | 222 | #### 2.8.3. Priority of Title to Real Property 223 | 224 | Any conveyance of an interest in real property that has not been recorded in the relevant land records office, if any, shall be void as against any subsequent transfer of a 225 | conflicting interest for value paid in good faith, recorded earlier.5 226 | 227 | #### 2.8.4. Adulthood 228 | 229 | Adulthood, age of consent, majority, and capacity to contract begin 18 years after a person's birth.6 230 | 231 | #### 2.8.5. Time Limits 232 | 233 | A cause of action subject to the statute of limitations or a claim against adverse possession or prescription expires seven years 234 | after its accrual. 235 | 236 | #### 2.8.6. Wrongful Death and Survival Act 237 | 238 | 1. Whenever the death of a natural person, including an unborn child, is caused by another party’s wrongful act or omission, that party shall be liable to the deceased person’s Estate and Survivors for any damage thereby caused to the deceased or to them, respectively. 239 | 240 | 2. The deceased person’s Estate shall include economic and non-economic losses wrongfully caused by a party to the deceased while still living and to the Estate thereafter, which the Estate’s representative may bring suit to recover. 241 | 242 | 3. Survivors’ damages include economic and non-economic losses that the wrongful act caused to them and to the estimated net earnings the deceased would have earned during life but for the wrongful death. Survivors under this section include spouses and heirs as defined in Rule 2.6.5, §§ 2-102 & 2-103. Survivors shall take the same share of lost earnings as there provided for intestate successors unless the deceased has provided otherwise by will. 243 | 244 | 4. No action for damages resulting from the death of an unborn child may be brought under this section except for an illegal abortion. 245 | 246 | 5. Separate actions brought for the same wrongful death shall be consolidated on motion of any party. 247 | 248 | ### 2.9. Substantive Catchall Rule 249 | 250 | No controversy left unresolved by application of these rules may be decided contrary to common practice, the general tenor of these rules, or a decent respect for human dignity. 251 | 252 | ## 3. Meta-Rules 253 | 254 | ### 3.1. Alternative Rules 255 | 256 | If a rule offers alternative provisions, the alternative offered first prevails over any later one. 257 | 258 | ### 3.2. Alternative Meanings 259 | 260 | If a rule refers to an institution, office, power, or privilege that does not exist in a jurisdiction running Ulex, the rule instead 261 | refers to the closest functionally equivalent institution, office, power, or privilege that does or could exist in one. 262 | 263 | ### 3.3. Conflicting Rules 264 | 265 | If different rules give conflicting results, the rule listed later in this index prevails, but no rule can prevail over this one. 266 | 267 | ## 4. Optional Criminal Law Module 268 | 269 | ### 4.1. Criminal Procedural Rules 270 | 271 | #### 4.1.1. ULC, [Model Rules of Criminal Procedure (1987)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Rules%20of%20Criminal%20Procedure,%20Model). 272 | 273 | #### 4.1.2. ALI, [Model Penal Code (2009) (procedural provisions)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/model-penal-code/). 274 | 275 | ### 4.2 Criminal Substantive Rules 276 | 277 | ALI, [Model Penal Code (2009) (substantive provisions)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/model-penal-code/). 278 | 279 | ## 5. Optional Integration Module (for adoption by host sovereign) 280 | 281 | ### 5.1. Sole Grounds for Revoking Agreement to Resolve Dispute Under Ulex. 282 | 283 | A written agreement to resolve a dispute under Ulex shall be valid, irrevocable, 284 | and enforceable except upon such grounds as exist at the time of its forming in law or equity for revocation of a contract. 285 | 7 286 | 287 | ### 5.2. Sole Grounds for Modifying or Correcting Judgment Rendered Under Ulex. 288 | 289 | A court may modify or correct a judgment rendered under Ulex only upon 290 | application by a party subject to it and upon proof that: 1) The judgment 291 | includes an evident and material numerical error or misidentification of a 292 | person or thing named therein; 2) The judges decided a question outside of 293 | their authority in a manner that substantively altered their decision upon 294 | matters properly addressed; or 3) The judgment bears an imperfection in form 295 | not affecting its substance. The court may then only modify or correct the 296 | judgment, and then only so far as necessary to effectuate the evident intent of 297 | the judgment and promote justice between the parties.8 298 | 299 | ### 5.3. Force and Effect of Court Confirmation. 300 | 301 | A party moving for a court order 302 | confirming a judgment rendered under Ulex shall file proof that the parties 303 | agreed to submit to that judgment, that it was rendered in accord with the 304 | referenced rules, and that the judgement issued as described. Absent 305 | application of Rules 5.1 and 5.2, above, the court receiving the motion shall 306 | give it the same force and effect in all respects as any judgment issued by the 307 | court, and the judgment shall be so treated by all persons, institutions, officers, 308 | or agents presented with the same.9 309 | 310 | ## Footnotes 311 | 312 | 1 _See,_ United Nations Commission on International Trade Law, 313 | [_UNCITRAL Model Law on International Commercial Arbitration_ Art. 10(2) (2006)](https://web.archive.org/web/20160428/http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07-86998_Ebook.pdf) 314 | (setting default number of arbitrators at 3); _id._ Art. 11(3)(a) (describing method by which panel of three arbitrators chosen). 315 | _See also_ , American Arbitration Association, _Commercial Arbitration Rules and Mediation Procedures_ R-12(b) & R-13 (2013) (setting forth similar procedure). 316 | 317 | 2 _See, e.g._ , Major League Baseball, [_2012 - 2016 Basic Agreement_ Art. VI, § E(13), p.22 (2016)](https://web.archive.org/web/20160428/http://mlb.mlb.com/pa/pdf/cba_english.pdf) (visited April 28, 2016) 318 | ("The arbitration panel shall be limited to awarding only one or the other of the two [remedies] submitted."). 319 | 320 | 3 _See_ , American Law Institute & International Institute for the Unification of Law, 321 | [_Principles of Transnational Civil Procedure Principle_ 25 (2004)](https://web.archive.org/web/20160430/http://www.unidroit.org/english/principles/civilprocedure/ali-unidroitprinciples-e.pdf) (codifying the rule). 322 | 323 | 4 Though the ALI no longer offers bound versions of this _Restatement_ for sale, it remains available 324 | via the online sources listed in footnote 3, above. It provides a few crucial rules, though much of its 325 | coverage has been superseded by later-published _Restatements_ covering specific areas of property 326 | law. 327 | 328 | 5 Here, Ulex adopts the race-notice form of recording statute most common in the United States. 329 | _See_ , Ray E. Sweat, _Race, Race-Notice and Notice Statutes: The American Recording System,_ 3 330 | PROBATE & PROPERTY 27 (May/June 1989) (cataloging popularity of various recording statutes and 331 | providing model race-notice statute). This rule would apply only if the adopting jurisdiction had 332 | created a land records office as envisioned by the ULC, Uniform Real Property Electronic Recording 333 | Act (2005). 334 | 335 | 6 Many of the rule sets used in Ulex invoke age-related classifications, making a uniform definition 336 | of adulthood useful. Elsewhere, age-related classifications vary across and even within legal systems. 337 | Ulex sets the default at a relatively common age — 18 years old — leaving precocious children to bring 338 | suit for emancipation, as in ULC, _Uniform Guardianship and Protective Proceedings Act_ § 210 339 | (1997), or leaving adopting communities free to set a different default age for adulthood. 340 | 341 | 7 _Compare_ , Federal Arbitration Act (FAA), 9 U.S.C. § 2. 342 | 343 | 8 _Compare, id_. § 13. 344 | 345 | 9 _Compare, id_. § 13. 346 | -------------------------------------------------------------------------------- /versions/1.1/ulex-europaeus.png: -------------------------------------------------------------------------------- https://raw.githubusercontent.com/ulex-opensource/Ulex/68f78bd5dec9174211fd10a4a81cbce498f03566/versions/1.1/ulex-europaeus.png -------------------------------------------------------------------------------- /versions/1.2/README.md: -------------------------------------------------------------------------------- 1 | # Ulex Open Source Legal Operating System Version 1.2 (2022) 2 | 3 | ![ulex europaeus](ulex-europaeus.png) 4 | 5 | ## 1. Procedural Rules 6 | 7 | ### 1.1. Procedural Principles 8 | 9 | ALI & International Institute for the Unification of Law, Principles of Transnational Civil Procedure (2004). 10 | 11 | ### 1.2. Default Procedural Rules 12 | 13 | #### 1.2.1. Judges 14 | 15 | Each party shall choose a judge and those two judges shall choose a third, who shall chair the panel of three judges.1 16 | 17 | #### 1.2.2. Remedies 18 | 19 | Judges must choose one party's proposed remedy by majority vote or dismiss the suit but shall not order any other remedy.2 20 | 21 | #### 1.2.3. Costs 22 | 23 | A party whose proposed remedy was not chosen shall pay the reasonable legal costs of any counterparty whose remedy was chosen.3 24 | 25 | #### 1.2.4. Appeals 26 | 27 | A defendant may appeal a judgment if at least one third of the judges in the issuing panel did not join the decision. The appeal must be made within 30 calendar days of the judgment. Only two appeals may be had. An appellate panel shall justify any decision it makes in a written public opinion. The panel hearing the appeal shall immediately dismiss the case unless a majority of the judges determine on the pleadings that the prior panel based its decision on an error of law or a clearly erroneous finding of fact. The appeal will be decided by the panel that issued the judgment on appeal plus these four additional judges: 28 | 29 | 1. An appellate judge chosen by the chair of the deciding panel and one judge most recently chosen; 30 | 2. An appellate judge chosen by the chair of the deciding panel and the other judge most recently chosen; 31 | 3. An appellate judge chosen by the two judges of the deciding panel not chairs; and 32 | 4. An appellate judge, who shall chair the appellate panel, chosen by the judges chosen under subsections 1 and 2, above. 33 | 34 | #### 1.2.5. Replacements 35 | 36 | Absent judges shall be replaced according to the same procedures by which they were appointed. 37 | 38 | #### 1.2.6. Default Judgments 39 | 40 | If a defendant does not answer a valid notice of a triable claim, the judge chosen by the plaintiff may issue a public default judgment. A panel formed with the defendant’s cooperation under § 1.2.1 may reform the judgment at any time. 41 | 42 | ### 1.3. Judicial Promise 43 | 44 | No one may adjudicate a dispute under Ulex without first making this statement or its equivalent to the parties: “I hereby promise that I have fully disclosed my professional qualifications, criminal record, and any conflict of interest, and will administer and judge your dispute impartially and competently, based on my understanding of the relevant law. I foresee and intend that you will rely on this promise and hereby offer to pay double any civil damages that you win for my breach of it, this offer to be held open for the applicable statute of limitations in consideration of the trust that you vest in me.” 45 | 46 | ### 1.4. Mutual Agreement to Alternative Procedural Rules 47 | 48 | Parties to a suit under Ulex may by unanimous written agreement resolve their dispute by other than the Default Procedural Rules, but not by procedural rules inconsistent with due process, substantive justice, and the rule of law. 49 | 50 | ### 1.5. Evidence 51 | 52 | NCCUSL, [Uniform Rules of Evidence](https://web.archive.org/web/20220721175149/https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=40833f73-44ed-6e0b-2af2-a75ff85c3cf2&forceDialog=0) (2005). 53 | 54 | ## 2. Substantive Rules 55 | 56 | ### 2.1. Tort Law 57 | 58 | #### 2.1.1. Generally 59 | 60 | ALI, [Restatement of Torts, Second (1965-79)](https://docs.google.com/document/d/1ci7q1Wel8tji85HWIF-kVrXfr9H2WoOeFOqFJvSPWg8), excepting §§ 895 A-D (immunizing government agents from liability for their torts). 61 | 62 | #### 2.1.2. Defective Products 63 | 64 | ALI, [Restatement of Torts, Third, Product Liability (1998)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-third/). 65 | 66 | #### 2.1.3. Shared Blame 67 | 68 | ALI, [Restatement of Torts, Third, Apportionment of Liability (2000)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-apportionment-liability/). 69 | 70 | #### 2.1.4. Personal Harm 71 | 72 | ALI, [Restatement of Torts, Third, Liability for Physical and Emotional Harm (2009-12)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/torts-liability-physical-and-emotional-harm/). 73 | 74 | ### 2.2. Property Law 75 | 76 | #### 2.2.1. Generally 77 | 78 | ALI, Restatement of Property (1936-40).4 79 | 80 | #### 2.2.2. Leases 81 | 82 | ALI, [Restatement of Property, Second, Landlord and Tenant (1977)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-landlord-and-tenant/). 83 | 84 | #### 2.2.3. Mortgages 85 | 86 | ALI, [Restatement of Property, Third, Mortgages (1997)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-mortgages/). 87 | 88 | #### 2.2.4. Servitudes 89 | 90 | ALI, [Restatement of Property, Third, Servitudes (2000)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-servitudes/). 91 | 92 | #### 2.2.5. Gifts 93 | 94 | ALI, [Restatement of Property, Third, Wills and Other Donative Transfers (1999-2003)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/property-wills-and-other-donative-transfers/). 95 | 96 | ### 2.3. Contract Law 97 | 98 | ALI, [Restatement of Contracts, Second (1981)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/contracts/). 99 | 100 | ### 2.4. Additional Restatements of the Common Law 101 | 102 | #### 2.4.1. Conflict of Laws 103 | 104 | ALI, [Restatement of Conflict of Laws, Second (1971)](https://web.archive.org/web/20160430/https://www.ali.org/publications/show/conflict-laws/). 105 | 106 | #### 2.4.2. Unfair Competition 107 | 108 | ALI, [Restatement of Unfair Competition, Third (1995)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/unfair-competition/). 109 | 110 | #### 2.4.3. Suretyship and Guaranty 111 | 112 | ALI, [Restatement of Suretyship and Guaranty, Third (1996)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/suretyship-and-guaranty/). 113 | 114 | #### 2.4.4. Agency 115 | 116 | ALI, [Restatement of the Law of Agency, Third (2006)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/agency/). 117 | 118 | #### 2.4.5. Trusts 119 | 120 | ALI, [Restatement of Trusts, Third (2003-12)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/trusts/). 121 | 122 | #### 2.4.6. Restitution and Unjust Enrichment 123 | 124 | ALI, [Restatement of Restitution and Unjust Enrichment, Third (2011)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/restatement-law/). 125 | 126 | #### 2.4.7. Employment 127 | 128 | ALI, [Restatement of Employment Law, Third (2015)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/employment-law/). 129 | 130 | ### 2.5. Uniform Commercial Codes 131 | 132 | #### 2.5.1. General Provisions 133 | 134 | ALI & and Uniform Law Commission (ULC), [Uniform Commercial Code (UCC), Article 1: General Provisions (2001)](https://web.archive.org/web/20160430/https://www.law.cornell.edu/ucc/1). 135 | 136 | #### 2.5.2. Leases of Goods 137 | 138 | ALI & ULC, UCC Article 2A: Leases (1990). 139 | 140 | #### 2.5.3. Negotiable Instruments 141 | 142 | ALI & ULC, [UCC Article 3: Negotiable Instruments (2002)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/3). 143 | 144 | #### 2.5.4. Banking 145 | 146 | ALI & ULC, [UCC Article 4: Bank Deposits and Collections (2002)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/4). 147 | 148 | #### 2.5.5. Funds Transfers 149 | 150 | ALI & ULC, [UCC Article 4A: Funds Transfers (2012)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/4A). 151 | 152 | #### 2.5.6. Letters of Credit 153 | 154 | ALI & ULC, [UCC Article 5: Letters of Credit (1995)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/5). 155 | 156 | #### 2.5.7. Documents of Title 157 | 158 | ALI & ULC, [UCC Article 7: Documents of Title (2003)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/7). 159 | 160 | #### 2.5.8. Investment Securities 161 | 162 | ALI & ULC, [UCC Article 8: Investment Securities (1994)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/8). 163 | 164 | #### 2.5.9. Secured Transactions 165 | 166 | ALI & ULC, [UCC Article 9: Secured Transactions (2010)](https://web.archive.org/web/20160501/https://www.law.cornell.edu/ucc/9). 167 | 168 | ### 2.6. Natural Persons 169 | 170 | #### 2.6.1. Adoption 171 | 172 | ULC, [Uniform Adoption Act (1994)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Adoption%20Act%20(1994)). 173 | 174 | #### 2.6.2. Wards and Protected Persons 175 | 176 | ULC, [Uniform Guardianship and Protective Proceedings Act (1997)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Guardianship%20and%20Protective%20Proceedings%20Act%20(1997)). 177 | 178 | #### 2.6.3. Parentage 179 | 180 | ULC, [Uniform Parentage Act (2017)](https://web.archive.org/web/20181029034303/http://uniformlaws.org/Act.aspx?title=Parentage%20Act%20(2002)). 181 | 182 | #### 2.6.4. Marriage 183 | 184 | ULC, [Uniform Premarital and Marital Agreements Act (2012)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Premarital%20and%20Marital%20Agreements%20Act). 185 | 186 | #### 2.6.5. Probate 187 | 188 | ULC, [Uniform Probate Code (2019)](https://higherlogicdownload.s3.amazonaws.com/UNIFORMLAWS/23db9ca0-3f16-99cd-da87-9ee963cab400_file.pdf). 189 | 190 | ### 2.7. Legal Persons 191 | 192 | #### 2.7.1. Nonprofit Corporations 193 | 194 | ABA, [Model Nonprofit Corporation Act (2008)](https://web.archive.org/web/20160501/http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/joint_fall/2008/black_letter.authcheckdam.pdf). 195 | 196 | #### 2.7.2. Corporations 197 | 198 | ABA, [Model Business Corporation Act (2016)](http://web.archive.org/web/20181014044640/https://www.americanbar.org/content/dam/aba/administrative/business_law/corplaws/2016_mbca.pdf). 199 | 200 | #### 2.7.3. Business Organizations 201 | 202 | ULC, Uniform Business Organizations Code (UBOC), [Article 1: The Hub (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Article%201%20of%20the%20Uniform%20Business%20Organizations%20Code%20(UBOC%20Hub)%20(2011)%20(Last%20Amended%202013)). 203 | 204 | #### 2.7.4. Conversions and Mergers 205 | 206 | ULC, UBOC, [Article 2: Model Entity Transaction Act (2013)](https://web.archive.org/web/20160502/http://www.uniformlaws.org/Act.aspx?title=Entity%20Transactions%20Act,%20Model%20(2007)%20(Last%20Amended%202013)). 207 | 208 | #### 2.7.5. Partnerships 209 | 210 | ULC, UBOC, [Article 3: Uniform Partnership Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Partnership%20Act%20(1997)%20(Last%20Amended%202013)). 211 | 212 | #### 2.7.6. Limited Partnerships 213 | 214 | ULC, UBOC, [Article 4: Uniform Limited Partnership Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Partnership%20Act%20(2001)%20(Last%20Amended%202013)). 215 | 216 | #### 2.7.7. Limited Liability Companies 217 | 218 | ULC, UBOC, [Article 5: Uniform Limited Liability Company Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Liability%20Company%20(2006)%20(Last%20Amended%202013)). 219 | 220 | #### 2.7.8. Cooperative Associations 221 | 222 | ULC, UBOC, [Article 6: Uniform Limited Cooperative Association Act (2013)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Limited%20Cooperative%20Association%20Act%20(2007)%20(Last%20Amended%202013)). 223 | 224 | #### 2.7.9. Unincorporated Nonprofits 225 | 226 | ULC, UBOC, [Article 7: Uniform Unincorporated Nonprofit Association Act (2011)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Unincorporated%20Nonprofit%20Association%20Act%20(2008)%20(Last%20Amended%202011)). 227 | 228 | #### 2.7.10. Business Trusts 229 | 230 | ULC, UBOC, [Article 8: Uniform Statutory Trust Entity Act (2013)](https://web.archive.org/web/20220809173701/https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=1e167a5a-302d-21b2-3a5d-e013aee6bb32&forceDialog=0). 231 | 232 | ### 2.8. Substantive Administrative Rules 233 | 234 | #### 2.8.1. Electronic Signatures 235 | 236 | ULC, [Uniform Electronic Transactions Act (1999)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Electronic%20Transactions%20Act). 237 | 238 | #### 2.8.2. Electronic Recording 239 | 240 | ULC, [Uniform Real Property Electronic Recording Act (2005)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Real%20Property%20Electronic%20Recording%20Act). 241 | 242 | #### 2.8.3. Priority of Title to Real Property 243 | 244 | Any conveyance of an interest in real property that has not been recorded in the relevant land records office, if any, shall be void as against any subsequent transfer of a 245 | conflicting interest for value paid in good faith, recorded earlier.5 246 | 247 | #### 2.8.4. Adulthood 248 | 249 | Adulthood, age of consent, majority, and capacity to contract begin 18 years after a person's birth.6 250 | 251 | #### 2.8.5. Time Limits 252 | 253 | A cause of action subject to the statute of limitations or a claim against adverse possession or prescription expires seven years 254 | after its accrual. 255 | 256 | #### 2.8.6. Wrongful Death and Survival Act 257 | 258 | 1. Whenever the death of a natural person, including an unborn child, is caused by another party’s wrongful act or omission, that party shall be liable to the deceased person’s Estate and Survivors for any damage thereby caused to the deceased or to them, respectively. 259 | 260 | 2. The deceased person’s Estate shall include economic and non-economic losses wrongfully caused by a party to the deceased while still living and to the Estate thereafter, which the Estate’s representative may bring suit to recover. 261 | 262 | 3. Survivors’ damages include economic and non-economic losses that the wrongful act caused to them and to the estimated net earnings the deceased would have earned during life but for the wrongful death. Survivors under this section include spouses and heirs as defined in Rule 2.6.5, §§ 2-102 & 2-103. Survivors shall take the same share of lost earnings as there provided for intestate successors unless the deceased has provided otherwise by will. 263 | 264 | 4. No action for damages resulting from the death of an unborn child may be brought under this section except for an illegal abortion. 265 | 266 | 5. Separate actions brought for the same wrongful death shall be consolidated on motion of any party. 267 | 268 | ### 2.9. Substantive Catchall Rule 269 | 270 | No controversy left unresolved by application of these rules may be decided contrary to common practice, the general tenor of these rules, or a decent respect for human dignity. 271 | 272 | ## 3. Meta-Rules 273 | 274 | ### 3.1. Alternative Rules 275 | 276 | If a rule referenced by Ulex offers alternative provisions, the alternative offered first prevails over any later one. 277 | 278 | ### 3.2. Alternative Meanings 279 | 280 | If a rule refers to an institution or legal status that does not exist in a jurisdiction running Ulex, the rule instead refers to the closest functionally equivalent institution or legal status that does or could exist in it, unless the most similar such institution or legal status is substantially different or has a materially different functional effect from its putative counterpart, in which case the reference has no effect. 281 | 282 | ### 3.3. Conflicting Rules 283 | 284 | If different rules give conflicting results, the rule listed later in this index prevails, but no rule can prevail over this one. 285 | 286 | ## 4. Optional Criminal Law Module 287 | 288 | ### 4.1. Criminal Procedural Rules 289 | 290 | #### 4.1.1. ULC, [Model Rules of Criminal Procedure (1987)](https://web.archive.org/web/20160501/http://www.uniformlaws.org/Act.aspx?title=Rules%20of%20Criminal%20Procedure,%20Model). 291 | 292 | #### 4.1.2. ALI, [Model Penal Code (2009) (procedural provisions)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/model-penal-code/). 293 | 294 | ### 4.2 Criminal Substantive Rules 295 | 296 | ALI, [Model Penal Code (2009) (substantive provisions)](https://web.archive.org/web/20160501/https://www.ali.org/publications/show/model-penal-code/). 297 | 298 | ## 5. Optional Integration Module (for adoption by host sovereign) 299 | 300 | ### 5.1. Sole Grounds for Revoking Agreement to Resolve Dispute Under Ulex. 301 | 302 | A written agreement to resolve a dispute under Ulex shall be valid, irrevocable, 303 | and enforceable except upon such grounds as exist at the time of its forming in law or equity for revocation of a contract. 304 | 7 305 | 306 | ### 5.2. Sole Grounds for Modifying or Correcting Judgment Rendered Under Ulex. 307 | 308 | A court may modify or correct a judgment rendered under Ulex only upon 309 | application by a party subject to it and upon proof that: 1) The judgment 310 | includes an evident and material numerical error or misidentification of a 311 | person or thing named therein; 2) The judges decided a question outside of 312 | their authority in a manner that substantively altered their decision upon 313 | matters properly addressed; or 3) The judgment bears an imperfection in form 314 | not affecting its substance. The court may then only modify or correct the 315 | judgment, and then only so far as necessary to effectuate the evident intent of 316 | the judgment and promote justice between the parties.8 317 | 318 | ### 5.3. Force and Effect of Court Confirmation. 319 | 320 | A party moving for a court order 321 | confirming a judgment rendered under Ulex shall file proof that the parties 322 | agreed to submit to that judgment, that it was rendered in accord with the 323 | referenced rules, and that the judgement issued as described. Absent 324 | application of Rules 5.1 and 5.2, above, the court receiving the motion shall 325 | give it the same force and effect in all respects as any judgment issued by the 326 | court, and the judgment shall be so treated by all persons, institutions, officers, 327 | or agents presented with the same.9 328 | 329 | ## Footnotes 330 | 331 | 1 _See,_ United Nations Commission on International Trade Law, 332 | [_UNCITRAL Model Law on International Commercial Arbitration_ Art. 10(2) (2006)](https://web.archive.org/web/20160428/http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07-86998_Ebook.pdf) 333 | (setting default number of arbitrators at 3); _id._ Art. 11(3)(a) (describing method by which panel of three arbitrators chosen). 334 | _See also_ , American Arbitration Association, _Commercial Arbitration Rules and Mediation Procedures_ R-12(b) & R-13 (2013) (setting forth similar procedure). 335 | 336 | 2 _See, e.g._ , Major League Baseball, [_2012 - 2016 Basic Agreement_ Art. VI, § E(13), p.22 (2016)](https://web.archive.org/web/20160428/http://mlb.mlb.com/pa/pdf/cba_english.pdf) (visited April 28, 2016) 337 | ("The arbitration panel shall be limited to awarding only one or the other of the two [remedies] submitted."). 338 | 339 | 3 _See_ , American Law Institute & International Institute for the Unification of Law, 340 | [_Principles of Transnational Civil Procedure Principle_ 25 (2004)](https://web.archive.org/web/20160430/http://www.unidroit.org/english/principles/civilprocedure/ali-unidroitprinciples-e.pdf) (codifying the rule). 341 | 342 | 4 Though the ALI no longer offers bound versions of this _Restatement_ for sale, it remains available 343 | via the online sources listed in footnote 3, above. It provides a few crucial rules, though much of its 344 | coverage has been superseded by later-published _Restatements_ covering specific areas of property 345 | law. 346 | 347 | 5 Here, Ulex adopts the race-notice form of recording statute most common in the United States. 348 | _See_ , Ray E. Sweat, _Race, Race-Notice and Notice Statutes: The American Recording System,_ 3 349 | PROBATE & PROPERTY 27 (May/June 1989) (cataloging popularity of various recording statutes and 350 | providing model race-notice statute). This rule would apply only if the adopting jurisdiction had 351 | created a land records office as envisioned by the ULC, Uniform Real Property Electronic Recording 352 | Act (2005). 353 | 354 | 6 Many of the rule sets used in Ulex invoke age-related classifications, making a uniform definition 355 | of adulthood useful. Elsewhere, age-related classifications vary across and even within legal systems. 356 | Ulex sets the default at a relatively common age — 18 years old — leaving precocious children to bring 357 | suit for emancipation, as in ULC, _Uniform Guardianship and Protective Proceedings Act_ § 210 358 | (1997), or leaving adopting communities free to set a different default age for adulthood. 359 | 360 | 7 _Compare_ , Federal Arbitration Act (FAA), 9 U.S.C. § 2. 361 | 362 | 8 _Compare, id_. § 13. 363 | 364 | 9 _Compare, id_. § 13. 365 | -------------------------------------------------------------------------------- /versions/1.2/ulex-europaeus.png: -------------------------------------------------------------------------------- https://raw.githubusercontent.com/ulex-opensource/Ulex/68f78bd5dec9174211fd10a4a81cbce498f03566/versions/1.2/ulex-europaeus.png -------------------------------------------------------------------------------- /versions/README.md: -------------------------------------------------------------------------------- 1 | # Change Log 2 | 3 | ## Introduction to [Version 1.1](1.1/) 4 | 5 | Field tests of Ulex 1.0, while largely positive, suggested that few edits might improve 6 | the performance of the system. Version 1.1 of Ulex thus duplicates version 1.0 but for these 7 | four changes: 8 | 9 | * Procedural rules trimmed and rearranged; 10 | * A firewall against judicial excess added; 11 | * Meta-rules amended and rearranged to add run-time stability; and 12 | * Optional module offered for enactment by host sovereigns. 13 | 14 | Explanations follow in order, below. 15 | 16 | **Procedural rules trimmed and rearranged**. Version 1.1 does away with the 17 | detailed procedural rules that version 1.0 had offered in Rule 1.3, which incorporated by 18 | reference the American Arbitration Association's _Commercial Arbitration Rules and 19 | Mediation Procedures_ (2010).^ Unsurprisingly, in retrospect, those rules defaulted to the 20 | Association's preferred judges and procedures a bit too forcefully for some users. 21 | Furthermore, to use the Association's rules would raise especially troubling copyright 22 | complications. Ulex 1.1 thus relies on ALI & International Institute for the Unification of 23 | Law's _Principles of Transnational Civil Procedure_ (2004). 24 | Those rules provide enough detail to get the dispute resolution process started, 25 | and often to finish it, leaving parties to choose other and more detailed rules if and when they see fit. 26 | 27 | Another change in the procedural section: the order of the rules. Whereas version 28 | 1.0 put Ulex's basic triad of default rules before the _Principles of Transnational Civil Procedure_, 29 | version 1.1 reverses that order. Why? Because Ulex users want to trust that 30 | those defaults will apply unless and until they expressly change them, and because the meta- 31 | rule against conflicts (Rule 3.1 in version 1.0; Rule 3.3 in version 1.1) provides that later 32 | rules prevail over earlier ones. Reversing the order of the rules in the procedural section thus 33 | ensured that the default triad will prevail over anything in the _Principles of Transnational 34 | Civil Procedure_ to the contrary. Users who want other procedures can, of course, adopt them 35 | by separate agreement. 36 | 37 | **A firewall against judicial excess added.** Ulex 1.1's new Rule 2.9 would apply in 38 | those rare instances when the judges chosen under Ulex's procedural rules face a question not 39 | resolvable by Ulex's extensive collection of other substantive rules. Rule 2.9 would then 40 | contain the crisis, saving the larger system from failure. Even if never put to use, this legal 41 | firewall would quietly give users greater confidence in Ulex. 42 | 43 | Rule 2.9 is not the only or even necessarily the best way to deal with questions arising 44 | outside the substantive rules of Ulex. Claims not founded in the rules should face sufficient 45 | discouragement in the prospect of a motion to dismiss and the fact that a losing party must 46 | pay the prevailing party's costs. It is not inconceivable, however, that parties to an otherwise 47 | rule-based dispute might invite the court to decide a relatively minor issue, one related to 48 | their dispute but not decided by any other rule. 49 | 50 | For example, co-owners disputing their rights to a jointly owned house might invite 51 | the court to decide what color they should paint it. Rule 2.9 would in the event require that 52 | the court to decide the question in accord with common practice, the general tenor of the 53 | rules, and a decent respect for human dignity. Tan or blue would probably suit nicely for the 54 | house in question; puke green presumably would not. 55 | 56 | **Meta-rules amended and rearranged to add run-time stability.** For reasons more 57 | theoretical than practical, version 1.1 introduces two subtle changes to Ulex's meta-rules. 58 | Both aim to protect the system from internal contradictions. In computer code, those kinds 59 | of errors can cause a system to freeze up or shut down. In legal code, they would doubtless 60 | have similarly unwelcome effects. 61 | 62 | Version 1.0 already had a rule against such conflicts — Rule 3.1. Because it was not at 63 | the very end of the rules listed in the index, though, there remained the possibility that some 64 | later rule might contradict it. Version 1.1 fixes that bug by moving the rule against conflicts 65 | to the very end of the meta-rules, to Rule 3.3. 66 | 67 | Ulex 1.1 also changes the wording of this safeguard against conflicts, adding at the 68 | end, "but no rule can prevail over this one." That additional clause bars the later addition of a 69 | rule that contradicts the rule against contradiction. Perhaps that is over cautious. Those who 70 | issue new versions of Ulex could instead simply always list the meta-rules last. If a 71 | jurisdiction adopted the optional criminal law or integration modules, for instance, it could 72 | rearrange and renumber the rules to ensure that the rule against contradiction comes at the 73 | very end of the index. It is impossible to ensure that future Ulex editors will take that 74 | precaution, though, so the newly added clause writes the anti-contradiction rule into the code 75 | itself, protecting Ulex against run-time errors. 76 | 77 | **Optional module offered for enactment by host sovereign.** This new and brief 78 | collection of rules, offered in a new section 5, regulates the process through which a host 79 | sovereign's courts review and reject or adopt the judgments of Ulex courts. In form and 80 | effect, the Integration Module reflects the core provisions of the long-lived and widely 81 | respected United States Federal Arbitration Act (FAA).1 82 | Subject to scrutiny for inherently unfair adjudications, 83 | the FFA gives private arbitrations force of law, allowing the prevailing 84 | private party to invoke public powers to enforce the private judgment. Module 5 does 85 | likewise for decisions rendered under Ulex and presented for enforcement in the courts of a 86 | host jurisdiction. In this way, special jurisdictions running Ulex can integrate more fully 87 | with other legal systems. 88 | 89 | 1 9 U.S.C. § 1-ff. 90 | 91 | ## Introduction to [Version 1.0](1.0/base.txt) 92 | 93 | This document makes Ulex, an open source legal operating system, available for public use. 94 | Like all software, the formal algorithms of Ulex generate desired results in a 95 | regular, predictable, programmable manner. Like the operating system that makes a 96 | computer or smartphone user-friendly, Ulex provides a legal platform for running everything 97 | from a business pursuing profit, to an individual seeking work, to a family seeking happiness. 98 | To all these and more, Ulex offers a fair and efficient legal system. 99 | And like any open source program, Ulex is not doled out by the dime but instead free for anyone to 100 | download, use, and modify. 101 | They need only adopt and implement by mutual express consent the procedural, substantive, 102 | and meta-rules that follow this brief introduction.1 103 | 104 | Ulex does not so much create the law as curate it, combining specialized rule sets 105 | from trusted sources into a simple but comprehensive legal system. 106 | It covers _civil law_ in the sense of _private law_ — not in the sense of _Roman_ law 107 | and not in contrast to _common law_.2 108 | As such, Ulex by default does not include criminal law, which concerns not purely private 109 | matters, but instead offenses against the public at large. Ulex 1.0 instead offers criminal law 110 | as an optional module. 111 | 112 | With regard to all areas of law, Ulex offers both _procedural_ rules, which define how parties 113 | resolve their disputes, and _substantive_ rules, which describe their legal rights and remedies. 114 | A few _meta-rules_ protect the system against the functional equivalent of what 115 | computer programmers rue as "run-time" errors. Ulex merely sets default rules in most 116 | cases, leaving users free to run other legal systems "on top of" it.3 117 | 118 | The default rules of Ulex 1.0 come from the _Restatements of the Common Law_ , the 119 | _Uniform Commercial Code_, and other select sources. 120 | To specify the rules is not to replicate them, however. 121 | Some of the rule sets used in Ulex remain subject to copyright claims. 122 | Most such copyright claimants nonetheless make their materials publicly available. 123 | Uniquely, however, the American Law Institute (ALI) both claims copyrights in the black-letter rules of 124 | the _Restatements_ and declines to make them publicly available.4 125 | Given that the Restatements constitute binding public law in the United States, 126 | and that copyright cannot restrict public access to public laws, the ALI's claim looks suspect. 127 | But resolution of that question must wait. 128 | It would at all events prove taxing to duplicate every rule of Ulex 1.0 in this document, 129 | which instead incorporates most of its constituent rules by reference, leaving users to access 130 | specific provisions as the occasion requires and as they see fit. 131 | 132 | 1 For more about Ulex, see, Tom W. Bell, YOUR NEXT GOVERNMENT? FROM THE NATION STATE TO 133 | STATELESS NATIONS (Cambridge University Press, 2017). 134 | 135 | 2 In fact, scholarly summations of common law rules — the various RESTATEMENTS — constitute the 136 | greatest part of Ulex's substantive rules. 137 | 138 | 3 See AMERICAN LAW INSTITUTE, RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 187 (1971), 139 | allowing parties to specify what law controls matters within the scope of their agreement, which Ulex 140 | incorporates by reference at rule 2.4.1. 141 | 142 | 4 Access to the _Restatements_ can be purchased in a variety of ways and formats: 143 | from [ALI](https://web.archive.org/web/20160430/https://www.ali.org/publications/#publication-type-restatements), 144 | for bound versions of its publications; from Thompson Reuters, for purchase or lease of bound or e-books, at 145 | [Restatements of the Law](https://web.archive.org/web/20160430/http://legalsolutions.thomsonreuters.com/law-products/Publication-Types/Restatements-of-the-Law/c/20194); 146 | or via online databases offered by 147 | [Westlaw](https://web.archive.org/web/20160430/http://www.westlaw.com/), 148 | [Lexis](https://web.archive.org/web/20160430/http://www.lexis.com/), or 149 | [HeinOnline](https://web.archive.org/web/20160430/http://home.heinonline.org/). (All sites visited April 30, 2016). 150 | 151 | --------------------------------------------------------------------------------