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1828 Sept. 27
Blackstone on Civil Code
29 Sept. 1828. Alter this in consequence of the
discovery that the appellative Legal Dealings is adequate.
§. is very Legal Dealings = conveyances and legally obligatory
promises included.
To bring to view and establish the point of difference
between several relations – the points of coincidence and
difference between an act of transmission with reference
to an object a valuable subject matter of possession on the one
hand, and an obligatory promise on the other is an
operation alike difficult and important and difficult.
Neither of English-bred law nor of Rome-bred
law does the language as yet furnish a set of terms
adequate to the purpose.
Consideration had of the import belonging & then
in common some one appellation should must if not
formed be formed by which they these objects may, both of them,
be designated.
But As yet the word contract seems but do indifferently adapted
to this purpose: up the idea it presents is apt to present to view is that
of a part of obligatory promises, to the exclusion of an
act of transmission applied to one a valuable subject matter
of possession, as above.
A The word transaction if term be previously explained
to mean a legally obligatory transaction might to an
English ear is eye, be well enough adapted to
that purpose: but as under Rome-bred law, and in
particular Bonaparte's Civil Codes it is confined to
signify a sort of compromise or reconciliation: an
agreement by which a termination is put to
depending or impending.
Upon the whole the word Contract is that single word which presents
itself in the least ineligible inapposite: the rather as by it are designated
legal dealings of various sorts, in which acts of the operation of transmission as well as that of promise is included.
Identifier: | JB/031/032/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-09-27 |
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civil code |
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blackstone or civil code |
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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