Harrison, Andrew on 29 Mar 2001 09:58:01 -0000 |
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spoon-business: Ruling: RFJ#41 |
RFJ#41: A debt is payable to the debtor unless e transferred ownership of the debt. The main point of this RFJ relies on the line from R347/0 "the debt is always owned by its creator". What the RFJ did not quote was the first half of that sentence. In it's entirety the line is "Unless specified otherwise by the rules or a legislative, administrative, or judicial order the debt is always owed by its creator." This part of R347/0 is allowing Agents to create Debts. As such the debt is first created so that the creator owes emself the points. The debt is then transferred as needed. In R358/0 a debt is implicitly created. Who created these debts? It does not explicitly say who created the debt, but it does explicitly say who is the debtor and who is the creditor. The debt is created by the Rules, not by any Agent. (The Rules are not an Agent.) Therefore I believe that it is "specified otherwise by the rules" that the debt in this case is not owed by the creator. The conclusion I come to is this: When an Agent creates a debt by posting their intent to the Public Forum, the debt is payable to the debtor until the debtor transfers ownership of the debt. When a debt is created by the Rules, a debtor and a creditor are specified and the debt is owed by the debtor to the creditor until the creditor transfers ownership of the debt (or the debt is paid). So the statement is sometimes true, sometimes false. However, because it is not *always* true, my ruling is FALSE. I make the following Judicial Orders: 1. The actions taken by Joerg on 15 Mar 2001 20:18:25 -0000 attempting to pay his debts to himself are invalid. As such he still owes the bank the 17 points that he owed to the bank at that time. (Plus or minus any legitimate variances since that time.) 2. Debts that are created by the Rules shall be payable by the specified debtor to the specified creditor. The creditor shall be the initial owner of the debt. -- The Kid