The Royal Codex of the Kingdom of Balian: Volume II: Lex Civilis

[Kingdom of Balian 513]

The Royal Codex of the Kingdom of Balian

Volume II: Lex Civilis

 

 

Table of Contents:

 

LEX CIVILIS 

Article I - On Personhood and Unions

Article II - On Paternity, Filiation and Bastardry

Article III - On Property Ownership 

Article IV - On Obligation

Article V - On Contracts

LEX CIVILIS

 

Article I - On Personhood and Unions

 

Art. I.01 - On Establishing Citizenship

 

I.01A - A citizen is to be defined as a person who maintains permanent residence within the Kingdom of Balian. By maintaining this residence within the Kingdom, the individual declares fealty to the Crown of Balian and declares themself subject to the laws of the Kingdom.

 

I.01B - The possession and continued use of property within the Kingdom for a period as judged by the King, Amiratus, Magistrate, or Kritai assigned to the case can be used as legal proof of citizenship if so requested by the citizen.

 

I.01C - Citizenship may be granted or revoked by decree of the Monarch or Amiratus of the Kingdom of Balian.

 

I.01D - Citizens of the nation shall maintain suffrage in city and national elections so long as they fill out government censuses.

 

I.01E - In cases of conviction by a court of law, suffrage for the individual is revoked.

 

I.01F - Citizens of the nation shall maintain the exclusive right to occupy public office.

 

I.01G - Citizens may be conscripted into the Company of Balian by order of the Crown during times of war.

 

Art. I.02 - On Establishing Entities

 

I.02A - Corporations, companies, associations, and foundations are recognised as entities under law and are accountable hereafter to the laws governing them.

 

I.02B - Legal entities enjoy the same privileges, including the possession and acquisition of property, chattel, et al. afforded to citizens, excluding suffrage in national elections.

 

I.02C - Royal decree may revoke entity status if so required.

 

Art. I.03 - On Marriage
 

I.03A - All marriages require the consent of the legal heads of house of both the man and the woman participating in matrimony, along with the two participants. If this permission is withheld and the marriage proceeds, it is to be considered unlawful and null.

 

I.03B - Minors may not enter into a marriage.

 

I.03C - Marriages involving close blood kin (close cousins, aunts, uncles, parents, offspring, or siblings) are considered Consanguinity, a misdemeanor, as described in Lex Criminalis Art. V.06.

 

I.03D - Nobles may not marry Commoners without approval from the Crown or Amiratus, and their head of house. Members of the Gentry gain the right to marry into nobility without such approval. 

 

I.03E - All marriages between a man of noble birth and a female peer shall be required to be matrilineal in nature.
 

(i) Upon his marriage to the bride, the groom shall adopt her family surname and hers alone.

 

(ii) Any children born of such a marriage are also to bear the surname of the female peer. 

 

(iii) The property, land, and titles of the bride shall remain under the personal jurisdiction of the female peer following this matrimony.

 

(iv) Should the peer in question become deceased, her family titles and possessions shall be passed onto her eldest child or, in absence of one, her eldest sibling or their progeny.

 

(v). A woman who is married patrilineally is excluded from inheriting a peerage. 

 

Art. I.04 - On Civil Unions

 

I.04A – Civil unions shall be defined as the enjoining of non-human individuals who do not follow the Canon into the institution of marriage as recognized by the Kingdom of Balian.

 

I.04B – Children born of a civil union legally recognized by a court of law in the Kingdom of Balian shall, by right, be lawfully entitled to their inheritance and are subject to all Filiation Laws described in Art. II.01.

 

I.04C – Civil unions are dissolved upon the case of legal separation and or death of either spouse.

 

I.04D – Civil unions shall be performed by the Magisterium of the Kingdom of Balian

 

I.04E - There shall be no union without freely given consent from both parties.

 

I.04F - Persons already joined in a civil union may not enter into another.

 

I.04G - Minors may not enter into civil unions.

 

I.04H - Direct line relatives of consanguinity as defined in Art. I.03C of Lex Civilis and Art V.06 of Lex Criminalis may not be united with each other in a civil union. 

 

I.04J – It shall be the right of the Monarch and his Magisterium which created the union, to render the nullity of union should this be deemed necessary.

 

I.04K – A registry is to be established to maintain a list of marriages officiated under the provision of civil unions within the Magisterium of the Kingdom of Balian.

 

I.04L – The Court Scribes of the Magisterium shall maintain the official record of all civil unions officiated by the Magisterium of the Kingdom of Balian. 

 

Art. I.05 - On the Legal Status of Living or Sentient Entities

 

I.05A - All living or sentient entities are to be divided into the following four legal classifications:

 

(i) Persons.

 

(ii) Constructs.

 

(iii) Flora and Fauna.

 

(iv) Abominations.

 

Art. I.06 - On Persons

 

I.06A - Persons shall enjoy the protection of the laws of the Kingdom, and the rights they so afford, as well as legal liability for themselves should they breach them. 

 

I.06B - Persons shall be legally liable for their own actions, lest they be under the age of twelve years, in which case their legal guardians shall be liable.

 

I.06C - Persons shall maintain the right to due process when convicted.

 

I.06D - The aforementioned right shall be waived by agents of foreign states or organizations which are in a state of war with the Kingdom.

 

I.06E - Persons are eligible for citizenship.

 

I.06F - Persons are defined as pure-blooded members of one of the four primary Descendent races (human, elf, dwarf, orc), mixed-blooded individuals whose blood is a combination of Descendent races, Beast Races (Hou-Zi, Wonks, and Kharajyr), and those who were formerly of one of these races and have been transformed by means not considered as Abomination in Art. I.09.

 

Art. I.07 - On Constructs

 

I.07A - A Construct is afforded the right to its existence.

 

I.07B - Constructs are ineligible for citizenship. 

 

I.07C - A Construct’s owner or creator is legally responsible for it, and is liable in court for any damages it may cause or crimes it may commit.

 

I.07D - A Construct may not own property.

 

I.07E - Constructs are defined as Animii, Golems, Atronachs, or any other semi-intelligent and/or sentient entity constructed through magical, technical, or alchemical means that are not considered Abomination per Art. I.09.

 

I.07G - Constructs are allowed to testify in court, should they be the witness of a crime.

 

Art. I.08 - On Flora and Fauna

 

I.08A - Flora and fauna are considered property under the law.

 

I.08B - Flora and fauna are defined as plants and animals.

 

I.08C - The owner of such property will be legally liable for any damage it may cause.

 

Art. I.09 - On Abominations

 

I.09A - Abominations are afforded no legal rights.

 

I.09B - Abominations are defined as all creatures of a necrotic, demonic, vampiric, draconic or otherwise unholy nature of origin.

 

I.09C - An individual who was previously a pure-blooded or mixed-blooded person, who is no longer a descendant and who is necrotic, demonic, draconic, or vampiric in nature, will be regarded as an abomination.

 

 

 

Article II - On Paternity, Filiation and Bastardry 

 

Art. II.01 - On Filiation 

 

II.01A - Filiation is assumed when the child is born to parents in a marriage or civil union, and is assumed to be absent otherwise. A child with a recognised filial relation to their father is deemed “legitimate”. Children born outside wedlock are deemed “illegitimate”. 

 

II.01B - Filiation determines surnames. 

 

II.01C - Filiation is determined by the paternal line. 

 

II.01D - It is the obligation of the father to care for the child. 

 

II.01E - Either parent or the head of a house may declare filiation or lack thereof. Any such declaration of legitimacy or illegitimacy must be approved by the Crown or its Magisterium before going into effect.  

 

II.01F - Illegitimate children enjoy no legal entitlement to inheritance. 

 

II.01G - In the case of Matrilineal marriages, all filiation law shall apply to the mother and maternal line, rather than the father and the paternal line.

 

Art. II.02 - On Guardianship 

 

II.02A - As noted in Art. II.01, the guardianship of a child is first in the hands of the parents of that child. If the child is orphaned, guardianship may be passed via a simplified adoption to any close blood kin - grandparents, aunts, uncles, siblings, cousins, or the like - should they be of the age of majority and wish to take on guardianship.

 

II.02B - It is the right of the Church of the Canon to take wards of the church, should there be no sufficient guardian by blood. 

 

II.02C - It is the right of the King to decide wards of the state, should there be no sufficient guard by blood and the refusal of the Canon.

 

II.02D - Children who are wards of the Church or State may be adopted by a family from that position, as described in Art. II.03, or will maintain that wardship status until reaching adulthood.

 

II.02E - If the child who is a ward of the Canon or the State or under the Guardianship of a Blood Relation has a surname or titles, then they shall maintain them when they reach adulthood. If the child does not have a surname or for some reason cannot use their original surname, then they may be assigned one by the courts.

 

Art. II.03 - On Adoption

 

II.03A - Adoption is defined as the legal acquisition of guardianship over an individual under the age of majority who has no living parents or guardians.

 

II.03B - Adoption cases are handled through the Magisterium, which grants the permission to adopt.

 

II.03C - Adoption does not overrule filiation, and therefore the adoptee retains their original surname. If they have no surname or have been disowned by their original house, they will be assigned one by the courts.

 

II.03D - Adoptees gain no intestate right to the inheritance of the adopter.

 

Art. II.04 - On Wardships

 

II.04A - Children over the age of five, with or without living parents or guardians, may be taken on as Wards under a Noble House or members of the Duana.

 

II.04B - If the warding child has a living parent or legal guardian, they must consent to the Wardship of their child, or else it is deemed null and void.

 

II.04C - Wards are expected to work and learn from the House or Official under whom they are warding, and are thus exempt from the laws laid out in Art. V.06. 

 

II.04D - Wardships may be dissolved by the Ward, their family, or the House or Official they are warding under at any time.

 

 II.04E - Wards maintain their original surname, claims, and titles, and gain no new surname, claims, or titles by being a Ward, outside of the Wardship itself.

 

 

Article III - On Property Ownership 

 

Art. III.01 - On Classification 

 

III.01A - All things subject to appropriation shall be considered either immovable or movable property. 

 

III.01B - The classification of property may be decided by the King. 

 

III.01C - Property is either public or private domain, as decided by the King. 

 

III.01D - Should a piece of public domain property be ceded, enclosed or no longer be destined for general use, it shall become the property of the Royal Crown. 

 

Art. III.02 - On Ownership 

 

III.02A - Ownership is the right to enjoyment and disposal of a thing, without limitation beyond the law. 

 

III.02B - Ownership is acquired through occupancy, by gift, testament, and intestate succession, and as a result of contracts of tradition. 

 

III.02C - Nobody may be deprived of ownership by another. 

 

III.02D - The owner of a plot of land is the owner of the surface and that beneath it. 

 

III.02E - Property capable of appropriation without an owner, such as abandoned movable things or wild game, are acquired by occupancy. 

 

III.02F - Game (as in, wild animals) that pass from their respective breeding place to lands owned by a different owner shall be the property of the latter, unless found to have been attracted through fraud, artifice, or lure.

 

III.02G - A person who finds a movable thing must return it to its owner, unless it is declared treasure. The movable thing must be held for two years, and the thing shall belong to the person who found it after the lapse of this period of time. If it cannot be held without severe maintenance that would otherwise cause detriment to the value of the movable thing, it will be publicly auctioned. If unable to be auctioned, it shall be redistributed by the Royal Crown. 

 

III.02H - If the owner is to appear within this time, the finder is entitled to a prize for finding equal to one tenth of the value of the thing. 

 

III.02I - Treasures belong to the owner of the land of which it is found, or if conflicted, to the Royal Crown. The status of treasure is decided by judgment of the King, Amiratus, or Magistrate. The Royal Crown is entitled to fifty percent of the value of the treasure from the finder.

 

III.02J - Creatures that are not produced by natural means, will be considered property of the owner, therefore making the owner liable for any actions done by the creature. These include: Golems, Atronachs, and Animii. 

 

Art. III.03 - On Absence 

 

III.03A - Following a public absence, as decided by a magistrate or the King, of eight years or more, it is the right of these parties to redistribute the patrimony of the absentee among his heirs. 

 

III.03B - If no heir is present to make claim to the patrimony, it may be placed under the Royal Crown until such an heir should arise. 

 

Art. III.04 - On Accession 

 

III.04A - The fruits of the property, be they civil, industrial, or natural, belong to the owner of the property. 

 

III.04B - Anything built, sewn, or produced in another’s plot of land belongs to the owner of the plot of land. 

 

Art. III.05 - On Boundaries 

 

III.05A - Any owner is entitled to mark and define the boundaries of their properties and lands and hold the right to define the boundaries as such when brought to a court of law. 

 

III.05B - These boundaries may not be defined if they infringe or encroach upon the boundaries of the lands and properties of another, if this is deemed a matter of legal conflict, it is the duty of the steward of the lands and the Magisterium of the Crown to decide the boundaries. 

 

Art. III.06 - On Possession and Acquisition 

 

III.06A - Possession is the holding of a thing, or the enjoyment of a right by a legal person. 

 

III.06B - Possession is to be assumed to be being acted in good faith. 

 

III.06C - Hereditary property is transferred to the heir without interruption from the moment of death or abdication of the Descendant. 

 

III.06D - Possession may not occur violently. If a man believes they have the right to deprive another of their property, it is to be brought before a court if it is refused to be delivered by the owner. 

 

III.06E - A possessor may lose the thing; 

 

(i) By abandonment.

 

(ii) By total destruction or loss. 

 

(iii) By another’s possession, even against their will, should the new possession last uncontested for more than ten years. 

 

 

Article IV - On Obligation 

 

Art. IV.01 - On Defining Obligation 

 

IV.01A - All obligations consist of giving or receiving an object, or doing or refraining from doing an act. 

 

IV.01B - Obligations Arise from Law and Contract. 

 

IV.01C - Those that arise from acts or omissions of fault or negligence shall be governed by the following provisions. 

 

Art. IV.02 - On The Extinguishing of Obligation 

 

IV.02A - The promise of the delivery of a thing is a promise of delivery of the thing in proper and working condition and in entirety, even if not directly mentioned or noted.

 

IV.02B - If a person obliged to do something has not done it, it shall be done at his expense. 

 

IV.02C - All obligations are enforceable immediately unless its completion is requisite on the fulfillment of some future action or event.

 

IV.02D - Obligations made with impossible conditions or requirements shall be deemed in bad faith and made null and void.

 

IV.02E - The condition should be fulfilled should the obligor purposefully prevent its fulfillment. 

 

IV.02F - Obligations are extinguished by their payment or performance, forgiveness of the debt, rule of bad faith by the Monarch, Amiratus, Magistrate, or Kritai assigned to the case, or the loss of the thing owed. 

 

Art. IV.03 - On Private Documents and Deeds 

 

IV.03A - Private documents shall have the same value as a deed between those who executed it and their successors. 

 

IV.03B - Private documents may not alter the covenants of a contract if to the detriment of the debtor. 

 

IV.03C - If a debtor wishes to accept private documents with provisions beneficial to him, he must also accept those provisions detrimental. 

 

Article V - On Contracts 

 

Art. V.01 - On Consent 

 

V.01A - The formation of a Contract is prerequisite on the consent of both parties, a common cause or reason for the existence of the contract, and an agreed upon object or outcome of the contract.

 

V.01B - Consent is defined as the willing and knowing acceptance of the cause, clauses, and object of the contract. 

 

V.01C - Minors may not consent to contracts, unless ruled otherwise by the Monarch, Amiratus, Magister, or Kritai assigned to the case. 

 

V.01D - Consent is null and void if caused by error, coercion, intimidation, impairment, incapacitation, or fraudulent misrepresentation. 

 

V.01E - Contracts cannot be nullified on the basis of fraud if both parties were acting in bad faith. 

 

Art. V.02 - On Matter of Contract 

 

V.02A - All things not beyond the bounds of commerce between men of the Kingdom may be bound by contract. 

 

Art. V.03 - On Cause of Contract

 

V.03A - Contracts without a cause, unlawful causes, or false causes are null and void. An unlawful cause is a cause ruled to be against the laws or morals of the land. 

 

Art. V.04 - On Interpretation 

 

V.04A - All parties must abide by the literal meaning of clauses of contracts if they are clear and leave no doubt to the intention of the contract. 

 

V.04B - Words with multiple meanings are to be understood by the meaning most in accordance to the nature and subject of the agreement, or, in cases when this may be conflicted, in the benefit of the debtor. 

 

V.04C - Obscure clauses may not favor the party who created the obscurity. 

 

V.04D - In the event where the intention of the contract is in doubt or cannot be known, the contract is null and void due to this obscurity. 

 

Art. V.05 - On Rescission and Nullity 

 

V.05A - Validly entered contracts may be rescinded by an agreement of both involved parties or the decision of the King, Amiratus, Magister, or the Kritai appointed to the case. 

 

V.05B - Contracts shall not be rescinded due to injury, unless the injury is the result of a fraudulent contract or one entered in bad faith.

 

V.05C - The rescission of a contract obligates the return of any property subject to the contract, and any completed fruits of the contract.

 

V.05D - Contracts may not be rescinded if the object of the contract is in the possession of a third party.

 

V.05E - If this third party acquired the object of the contract through bad faith, he must return the object to its legal owner upon the rescission of the contract. 

 

V.05F - Contracts may be annulled by the Magisterium, Amiratus, or the Crown.

 

V.05G - The action for legal annulment must be from a signing party. 

 

V.05H - Confirmation of a contract may be implied; written assent is not necessary. 

 

Art. V.06 - On Child Labour 

 

V.06A - Children below the age of eight will not be allowed to engage in any form of labor. 

 

V.06B - Children above the age of eight will be allowed to engage in office and servantry labor. 

 

V.06C - Children above the age of twelve will be allowed to engage in manual labor.

 

V.06D - Wards to the Duana, Church, State, or to a Noble House, Squires to a Knight, and children working for their own family (by filiation or adoption) are excluded from Art. V.06A, Art. V.06B, and Art. V.06C.

 

V.06E - Businesses that are found to be in violation of this statute (see: Art. V.06A, Art. V.06B, Art. V.06C) shall be charged with Child Labor, a felony.

 

V.06G - Businesses with repeated offenses shall be barred from continuing their operations and must be given a notice of no less than seven saints days to end their operations.

 

 

Signed,

 

HIS EXCELLENCY, Robert Joseph de Lyons, Magister of the Kingdom of Balian

 

Spoiler

Credits to KamikazeReaper for some of the original text, and to Shmeepicus, HIGH_FIRE, and Wavey for advice modifying and editing it!

 

Edited April 13, 2023 by Kingdom of Balian