This was too good not to post:
Application of Foreign Law.
§ 1-87.12. Definitions.
The following definitions apply in this Article:
(1) Foreign law. – A law, rule, resolution, legal code, legal system, or any component of a legal system established and used or applied in a foreign venue or forum.
(2) Foreign venue or forum. – A venue or forum operating under the authority of a government other than any of the following:
a. The United States.
b. A state, district, commonwealth, territory, or insular possession of the United States.
c. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(3) Fundamental constitutional right. – A fundamental right of a natural person guaranteed by the United States Constitution or the North Carolina Constitution. (2013-416, s. 1.)”
Notice the use of the term “natural persons”. Legislators have to be unambiguous when major rights are at stake.
§ 1-87.18. Contracts not capable of modification to preserve fundamental constitutional rights void.
Any provision in a contract or other agreement incapable of being modified or amended pursuant to this Article in order to preserve the fundamental constitutional rights of the natural persons who are parties to the contract or agreement shall be null and void. (2013-416, s. 1.)
Like I said…
“§ 1-87.19. Strict construction of waivers of constitutional rights.
Nothing in this Article shall be interpreted to limit the right of natural persons voluntarily to restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, any ambiguity in the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of natural persons in this State. (2013-416, s. 1.)”
Your rights are well-protected– but you con compromise them at a moment’s notice. However, if it can be reasonably argued that the terms of a contract are misleading, the unintentional waiver of your rights is invalid.
Good stuff. These are principles that are not new concepts to me, but as always, it is good to see them spelled out.
Moral? Be a natural person.