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1824 Novr 1 Civil CodeCh. Contracts in general
☞ What follows is upon the supposition that the analytic order
proceeding from the genus quintessence to the species of
sub-species bis sub species &c down to the individual is employed
in preference.
Art. 4 or 1. Exception 1. On the part of the contract
predominant tendency to subornation i.e. to operating become
productive of crime by operating as an incentive.
Art. 5 or 2. The To operate as an exception,
the tendency must be predominant: otherwise not only the most
necessary contracts but the most necessary disposition of property
would be included in the invalidation exception. The
rule of succession by which on the death of the Parent the his
property devolves upon his offspring may operate cannot
be deemed to be capable of operating as an incentive to murder
– to murder of that aggravated kind which is distinguished by
the name of parricide. But except in a case happily of
extreme rarity the checks being more powerful than the spur
the tendency can not be said to be predominant.
Art. So by insuring property ascribing if at a
valuation higher than the evil a man may, render the contract
an incentive to the committing of murder criminal deflagration
with murder included. By this consideration the terms necessary
to be prescribed to the contracts are suggested, but no sufficient
reason for the invalidation of it. A comparison therefore
requires to be made between the good of the contract i.e. of
the and the evil of the crime eventually produced by it, probability
being on both sides taken into the account of value.
Identifier: | JB/030/003/001 "JB/" can not be assigned to a declared number type with value 30.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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