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1827. Octr. 28
Law AmendmentPropositions
Ch. 11. Codification
§. 3. Matter of the Civil Code
Under the impact of the worst Contract has been comprised may be and will
be found commonly comprised that of the two applications
Conveyance or say transfer and Agreement meaning Legally
obligatory agreement. By a Conveyance benefit in varying shapes is actually conferred
in any one of the above four shapes: whether to take effect in
present, in future certainty or in future contingency: by an An agreement
right is singly binding is reciprocally on one side only
or on both. Less than two it can not have: but parties in any
number than two it is capable of having: in which case
for the purpose of comparison it will always in every case be found necessary to
divide it in idea into masses of which with different numbers according
to the occasion in each mass, according to obligations respectively
imposed, and the correspondent rights respectively conferred.
An agreement whether obligatory on one side only or on
both sides may have place without being coupled with a Conveyance
scarcely not frequently can a conveyance place without being coupled with some agreement
or agreements, express or virtual on one side, or on both or all sides.
An agreement may in so far as binding may be
considered as a particular law made by the allowance of the Legislator
and from him exercising its sanctionative appendages.
In the case of a conveyance the all embracing Code
by which be the matter of benefit in the shape in question is con
created conferred and secured to his possession may be conceived as
receiving amendments by the substitution of the name of the person
receiving to that of the person conveying, the person conveying being
thereby aggregated to the universal multitude of those who before the
transaction did sand, and after it continue to stand precluded from participating
in the derivable from the matter of benefit so
transferred.
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