JB/030/036/001

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1828 Oct. 3
Civil CodeCh. Pacts

Ch.
Of Non-reciprocal Pacts
§

Art. 1. Illegal force and fraud and delinquency-prevention supposed
a non-reciprocal pact is binding upon the pact maker
against himself.
Reasons
1. In the opinion of the most apt Judge the burthen evil from non-fulfilment
would be greater than the evil from fulfilment.
2. From non-fulfilment disappointment to the intended benefitee
from fulfilment, to the pact-maker none.

Art. 2. Against creditors of the pact maker, the pact
is not binding.
Reasons.
1. On the part of the creditor in case of fulfilment to his prejudice,
disappointment would have place: he is therefore
upon a par with the intended benefitee.
2. If the preference were given to the intended benefitee
at the charge of the creditor, here would be a sense of
to the detriment of the Creditor: antecedently to the contracting of
the debt a man might secure all his property against all
his creditors, by binding in favour of intended benefitees
connected with him by some interest whether of self-regard
or sympathy.

Art. Cause of original primordial invalidation, promotion of delinquency.
Originally null-and-void is every pact having
for its effect or tendency the promotion of delinquency in
any shape in such sort that by the commission of an act
of delinquency the receipt of the promised benefit would
be promoted.

☞ Here guard against the application of this rule to the invalidation
of post-obituary engagements on the score of their
promoting homicide in the shape of parricide &c

Parties to whom on the occasion delinquency may
be prejudicial are. 1. Third persons at large, 2. the pact maker.
Cases in which it may be prejudicial to the pact maker are
1. Force (to wit illegal force) applied to him. 2. Fraud or say deceit practiced upon him.

Identifier: | JB/030/036/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-10-03	Marginal Summary Numbering
Box	030	Main Headings	civil code
Folio number	036	Info in main headings field	blackstone or civil code
Image	001	Titles	ch. / of non-reciprocal pacts
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	9543
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