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1828 Sept. 27
Blackstone or Civil Code
Be the subject matter what it may, the right of occupation
may have or not have for its accompaniment, the benefit
derived from the transmission of it.
This transmission, as to duration of its efficacy, the
transmission may be 1. perpetual or 2. temporary.
If temporary, then after the expiration of the time during
which its efficacy continues, it returns by the supposition can the possession of the person just spoken of as the
occupier. This is the case of a Lease.
In this case it may be either 1. Gratuitous, or 2. for
a price say equivalated or retributed or say requited.
For To the receipt of the benefit produced to the owner proprietor or owner by transmission
of the subject matter of property, the act of this same
proprietor may be either necessary or not necessary.
To this transmission on the of occasion of its being effected the proprietor either does or does not
take a positively active part. If he does, the service
he thereby renders by is either requited – as in case of sale
or is unrequited, as in case of gift.
If he does it no such active part is taken by him
and yet by from the transmission of the subject matter he receives
a benefit, it must be a benefit consisting of a pleasure
of sympathy: for example the pleasure of sympathy
derived for the thoughts ideas of the self-regarding pleasure about
to be experienced by persons connected with him by the his
natural relationship or say consanguinity.
Compleatly distinct from the benefit derived from occupation
is the benefit derived from the transmission – the service
rendered by the law to the proprietor person in question, by the transmission
of the valuable subject matter in question, with or without his
operation, to some person from whose occupation of it he derives
either a self regarding benefit, or a benefit consisting of the
pleasure of sympathy, as above.⊞
⊞ In relation to benefit
in this last mentioned shape
efficient causes of commencement
of possession and
efficient causes of cessation
of possession have place
according, distinct from
those which have place in relation to the benefit derived from the occupation of that same subject matter.
Identifier: | JB/030/136/001 "JB/" can not be assigned to a declared number type with value 30.
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1828-09-27 |
not numbered |
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030 |
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136 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
c1 / d11 / e1 |
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jeremy bentham |
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9643 |
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