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1824. August 11
Constitutional Code
Art. 21. In the case of death, provision provision as compleat as may be for filling up the vacancy lies
has may generally not to say will have made by law: but in so far as deficient case of deficiency, to the Judge
will belong the function of filling it up the deficient, by together namely by appropriate
this exercise given to his locative function.
Art. 22. In the case of evanition provision has not been made will also have been made
by law: and by the law on this point in so far as it is made, to give execution and effect to it with in virtue of his executive function be among the duties of the Judge.
made by law 12(a) So In French law it has been made, in and by
Bonaparte's Code witness in the Civil Code the
In English Law no provision for the under this head or
designed provision in relation to this matter in any part of it is
to be found.
Art. 23. In the case of a thing lost, it is the thing that is separated from
the proprietor: in the case of member it is the proprietor that is separated
from the aggregate mass of his things.
Art. 24. The cases of a where the vacancy is produced by design is are those in
which they vacancy are produced by an appropriate act of declaration.
Art. 25. In those cases the design or purpose will be either compensation
or punishment: compensation for wrongs considered as having supposed to have been sustained at the hands of
the proprietor; to the damage of individuals punishment for offences supposed to have crimes considered as having been
committed by him to the damage of the public at large.
26. In either case both cases the dislocation may be either definitive
or provisional.
Art. 27. Provisional, that is to say for the purpose of
securing eventual self-subjection to the burthen of compensation
or that or punishment: in which case and thence whence in case of non-compliance,
it is liable to become definitive.
Art. 28. Examples are 1. distribution in case of insolvency
dislocation of the proprietor from his proprietorship for the purpose
of those fresh locations of the elementary parts, of which location in the way of suited to the purpose
of making distribution of their produce among the parties interested and entitled.
Code Civil Law 1. Tit. IV. Ch. 1, 2, 3, 4. Arts. 112 to 143.
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