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