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The open source legal system

Ulex Open Source Legal Operating System Version 1.2 (2020)

ulex europaeus

1. Procedural Rules

1.1. Procedural Principles

ALI & International Institute for the Unification of Law, Principles of Transnational Civil Procedure (2004).

1.2. Default Procedural Rules

1.2.1. Judges

Each party shall choose a judge and those two judges shall choose a third, who shall chair the panel of three judges.1

1.2.2. Remedies

Judges must choose one party’s proposed remedy by majority vote or dismiss the suit but shall not order any other remedy.2

1.2.3. Costs

A party whose proposed remedy was not chosen shall pay the reasonable legal costs of any counterparty whose remedy was chosen.3

1.2.4 Appeals

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:

  1. An appellate judge chosen by the chair of the deciding panel and one judge most recently chosen;
  2. An appellate judge chosen by the chair of the deciding panel and the other judge most recently chosen;
  3. An appellate judge chosen by the two judges of the deciding panel not chairs; and
  4. An appellate judge, who shall chair the appellate panel, chosen by the judges chosen under subsections 1 and 2, above.

2. Substantive Rules

2.1. Tort Law

2.1.1. Generally

ALI, Restatement of Torts, Second (1965-79), excepting §§ 895 A-D (immunizing government agents from liability for their torts).

2.1.2. Defective Products

ALI, Restatement of Torts, Third, Product Liability (1998).

2.1.3. Shared Blame

ALI, Restatement of Torts, Third, Apportionment of Liability (2000).

2.1.4. Personal Harm

ALI, Restatement of Torts, Third, Liability for Physical and Emotional Harm (2009-12).

2.2. Property Law

2.2.1. Generally

ALI, Restatement of Property (1936-40).4

2.2.2. Leases

ALI, Restatement of Property, Second, Landlord and Tenant (1977).

2.2.3. Mortgages

ALI, Restatement of Property, Third, Mortgages (1997).

2.2.4. Servitudes

ALI, Restatement of Property, Third, Servitudes (2000).

2.2.5. Gifts

ALI, Restatement of Property, Third, Wills and Other Donative Transfers (1999-2003).

2.3. Contract Law

ALI, Restatement of Contracts, Second (1981).

2.4. Additional Restatements of the Common Law

2.4.1. Conflict of Laws

ALI, Restatement of Conflict of Laws, Second (1971).

2.4.2. Unfair Competition

ALI, Restatement of Unfair Competition, Third (1995).

2.4.3. Suretyship and Guaranty

ALI, Restatement of Suretyship and Guaranty, Third (1996).

2.4.4. Agency

ALI, Restatement of the Law of Agency, Third (2006).

2.4.5. Trusts

ALI, Restatement of Trusts, Third (2003-12).

2.4.6. Restitution and Unjust Enrichment

ALI, Restatement of Restitution and Unjust Enrichment, Third (2011).

2.4.7. Employment

ALI, Restatement of Employment Law, Third (2015).

2.5. Uniform Commercial Codes

2.5.1. General Provisions

ALI & and Uniform Law Commission (ULC), Uniform Commercial Code (UCC), Article 1: General Provisions (2001).

2.5.2. Leases of Goods

ALI & ULC, UCC Article 2A: Leases (2002).

2.5.3. Negotiable Instruments

ALI & ULC, UCC Article 3: Negotiable Instruments (2002).

2.5.4. Banking

ALI & ULC, UCC Article 4: Bank Deposits and Collections (2002).

2.5.5. Funds Transfers

ALI & ULC, UCC Article 4A: Funds Transfers (2012).

2.5.6. Letters of Credit

ALI & ULC, UCC Article 5: Letters of Credit (1995).

2.5.7. Documents of Title

ALI & ULC, UCC Article 7: Documents of Title (2003).

2.5.8. Investment Securities

ALI & ULC, UCC Article 8: Investment Securities (1994).

2.5.9. Secured Transactions

ALI & ULC, UCC Article 9: Secured Transactions (2010).

2.6. Natural Persons

2.6.1. Adoption

ULC, Uniform Adoption Act (1994).

2.6.2. Wards and Protected Persons

ULC, Uniform Guardianship and Protective Proceedings Act (1997).

2.6.3. Parentage

ULC, Uniform Parentage Act (2017).

2.6.4. Marriage

ULC, Uniform Premarital and Marital Agreements Act (2012).

2.6.5. Probate

ULC, Uniform Probate Code (2010).

2.7.1. Nonprofit Corporations

ABA, Model Nonprofit Corporation Act (2008).

2.7.2. Corporations

ABA, Model Business Corporation Act (2016).

2.7.3. Business Organizations

ULC, Uniform Business Organizations Code (UBOC), Article 1: The Hub (2013).

2.7.4. Conversions and Mergers

ULC, UBOC, Article 2: Model Entity Transaction Act (2013).

2.7.5. Partnerships

ULC, UBOC, Article 3: Uniform Partnership Act (2013).

2.7.6. Limited Partnerships

ULC, UBOC, Article 4: Uniform Limited Partnership Act (2013).

2.7.7. Limited Liability Companies

ULC, UBOC, Article 5: Uniform Limited Liability Company Act (2013).

2.7.8. Cooperative Associations

ULC, UBOC, Article 6: Uniform Limited Cooperative Association Act (2013).

2.7.9. Unincorporated Nonprofits

ULC, UBOC, Article 7: Uniform Unincorporated Nonprofit Association Act (2011).

2.7.10. Business Trusts

ULC, UBOC, Article 8: Uniform Statutory Trust Entity Act (2013).

2.8. Substantive Administrative Rules

2.8.1. Electronic Signatures

ULC, Uniform Electronic Transactions Act (1999).

2.8.2. Electronic Recording

ULC, Uniform Real Property Electronic Recording Act (2005).

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.5

2.8.4. Adulthood

Adulthood, age of consent, majority, and capacity to contract begin 18 years after a person’s birth.6

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.

2.8.6. Wrongful Death and Survival Act

  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.

  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.

  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.

  4. No action for damages resulting from the death of an unborn child may be brought under this section except for an illegal abortion.

  5. Separate actions brought for the same wrongful death shall be consolidated on motion of any party.

2.9. Substantive Catchall Rule

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.

3. Meta-Rules

3.1. Alternative Rules

If a rule referenced by Ulex offers alternative provisions, the alternative offered first prevails over any later one.

3.2. Alternative Meanings

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.

3.3. Conflicting Rules

If different rules give conflicting results, the rule listed later in this index prevails, but no rule can prevail over this one.

4. Optional Criminal Law Module

4.1. Criminal Procedural Rules

4.1.1. ULC, Model Rules of Criminal Procedure (1987).

4.1.2. ALI, Model Penal Code (2009) (procedural provisions).

4.2 Criminal Substantive Rules

ALI, Model Penal Code (2009) (substantive provisions).

5. Optional Integration Module (for adoption by host sovereign)

5.1. Sole Grounds for Revoking Agreement to Resolve Dispute Under Ulex.

A written agreement to resolve a dispute under Ulex shall be valid, irrevocable, and enforceable except upon such grounds as exist at the time of its forming in law or equity for revocation of a contract. 7

5.2. Sole Grounds for Modifying or Correcting Judgment Rendered Under Ulex.

A court may modify or correct a judgment rendered under Ulex only upon application by a party subject to it and upon proof that: 1) The judgment includes an evident and material numerical error or misidentification of a person or thing named therein; 2) The judges decided a question outside of their authority in a manner that substantively altered their decision upon matters properly addressed; or 3) The judgment bears an imperfection in form not affecting its substance. The court may then only modify or correct the judgment, and then only so far as necessary to effectuate the evident intent of the judgment and promote justice between the parties.8

5.3. Force and Effect of Court Confirmation.

A party moving for a court order confirming a judgment rendered under Ulex shall file proof that the parties agreed to submit to that judgment, that it was rendered in accord with the referenced rules, and that the judgement issued as described. Absent application of Rules 5.1 and 5.2, above, the court receiving the motion shall give it the same force and effect in all respects as any judgment issued by the court, and the judgment shall be so treated by all persons, institutions, officers, or agents presented with the same.9


1 See, United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration Art. 10(2) (2006) (setting default number of arbitrators at 3); id. Art. 11(3)(a) (describing method by which panel of three arbitrators chosen). See also , American Arbitration Association, Commercial Arbitration Rules and Mediation Procedures R-12(b) & R-13 (2013) (setting forth similar procedure).

2 See, e.g. , Major League Baseball, 2012 - 2016 Basic Agreement Art. VI, § E(13), p.22 (2016) (visited April 28, 2016) (“The arbitration panel shall be limited to awarding only one or the other of the two [remedies] submitted.”).

3 See , American Law Institute & International Institute for the Unification of Law, Principles of Transnational Civil Procedure Principle 25 (2004) (codifying the rule).

4 Though the ALI no longer offers bound versions of this Restatement for sale, it remains available via the online sources listed in footnote 3, above. It provides a few crucial rules, though much of its coverage has been superseded by later-published Restatements covering specific areas of property law.

5 Here, Ulex adopts the race-notice form of recording statute most common in the United States. See , Ray E. Sweat, Race, Race-Notice and Notice Statutes: The American Recording System, 3 PROBATE & PROPERTY 27 (May/June 1989) (cataloging popularity of various recording statutes and providing model race-notice statute). This rule would apply only if the adopting jurisdiction had created a land records office as envisioned by the ULC, Uniform Real Property Electronic Recording Act (2005).

6 Many of the rule sets used in Ulex invoke age-related classifications, making a uniform definition of adulthood useful. Elsewhere, age-related classifications vary across and even within legal systems. Ulex sets the default at a relatively common age — 18 years old — leaving precocious children to bring suit for emancipation, as in ULC, Uniform Guardianship and Protective Proceedings Act § 210 (1997), or leaving adopting communities free to set a different default age for adulthood.

7 Compare , Federal Arbitration Act (FAA), 9 U.S.C. § 2.

8 Compare, id. § 13.

9 Compare, id. § 13.