JB/030/038/001

Click Here To Edit

1828 Oct. 3
Civil Code

Ch.
Of Obligatory-dealings

As between Conveyances, and obligatory promises,
a conveyance present the best title claim to procedure.

A conveyance is most simple in its nature, earlier
in its origin. It can not but have had place in the
very earliest and least mature state of social life human existence.

It has place and is exemplified as often as by a
mother food is placed in the hand of her infant: the
food is thereby rendered the subject matter of conveyance –
the rent of the property is changed: it was in the mother:
it is in the hand of her child.

By an irrational animal an act of conveyance
is performed in favour; and to the benefit of another
as often as by the one an article of food or a place of
abode is relinquished to that other.

Not so in the case of a pact or say obligatory
promise. Requisites to fulfilment are in this case are 1. On the part
of the pact makers attention or say promise-conveyer attention sufficient to
the lodgement of the service in question in the mind
in a state of sufficient firmness to give foundation to
remembrance memory: 2. actual remembrance. 3.
to the action operation of some motive by the influence of
which the fulfilment is produced. 2. On the part of
the intended benefitee or say promise receiver expectation
derived of sufficient force to produce disappointment
in case of non-performance: persuasion of the existence
of a motive adequate to the production of fulfilment
on the part of the promise-conveyer promiser.

Promise-receiver. Promisee would by its simplicity be a
more eligible denomination. But by this term is in general
significant the subject matter of the operation: not the receiver of the result of it.⊞ ⊞ The impropriety would
be analogous to that which
has place in the instance of
the word mortgagee.

Identifier: | JB/030/038/001 "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	038	Info in main headings field	blackstone or civil code
Image	001	Titles	ch. / of obligatory-dealings
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9545
Box Contents