JB/030/033/001

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1828 Sept. 31
Civil CodeCh. Pacts

☞ Put under Pacts all the matter
that applies to Compacts as well
as Pacts: reserving for Compacts
what applies to Compacts only

Ch.
Of Pacts
§. 1

Expositive

By a pact, understand an act or an instrument by which a promise intended to by the matter in relation to which
be declared by the matter to be intended it is intended that his intention is that it should shall
made be eventually made obligatory on him by force of law.

Enactive

Exceptions excepted, every pact so intended
to be obligatory will be so.

Expositive

These exceptions constitute so many efficient causes
of invalidating or say invalidation: of invalidity of
contemporaneous with or antecedent to the time of the
making of the pact; of invalidating is subsequent.

For As to pacts ungrafted in conveyances, see the
several conveyances.

Question. Why sent under the exception excepted
render all pacts obligatory

Answer. Reason. 1. To avoid producing disappointment.
Principle, the anti-disappointment principle.

2. In the calculation made on the occasion in question
by the makers of the promise, the any pain evil resulting to him from
the fulfillment of it will not outweigh the good whatever it
be to him (pleasure of sympathy included) of in the contemplation
of which constituted the motive by which he was induced
to make it. Of These facts thoughts the same being confused
within the limits of the mind of this individual, no other
individual or a judge so competent as he to form a correct judgement in relation to this.

So much as to the effect of the first order.

3. Now as to the effects of the 2d order. If exceptions excepted,
the Judge were to refuse he had his authority apply his power
to the giving binding force to any a pact in any instance, now
it were understood that this pact would be the result in sinister cases
such pact would be no such pact would be made in future
and the community would be deprived of whatsoever benefit
might otherwise be derived from existence and binding force given to such pacts.

Identifier: | JB/030/033/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-09-30	Marginal Summary Numbering
Box	030	Main Headings	civil code
Folio number	033	Info in main headings field	civil code
Image	001	Titles	ch. / of pacts / enactive / expositive
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9540
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