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3
Ch. Universal Jurisprudence
(3) 3 § Obligatory dealings continued
Of obligatory dealings some are simple, others complex
or say compounded: compounded in some way or other of those
which are simple.
Of obligations the two sorts of obligatory dealings
to wit conveyances and obligatory promises the most simplest
that to the most simple is
or the conveyance
We come now accordingly to conveyances
3 Donation
Simplest conveyance
Donation: if exceptions
to the right of transmitting
such donation — simplicity
of the dealing diminished.
3 Of conveyance the simplest modification is gratuitous
donation, as between the donor and the receiver, the right
and the obligation change hands: in respect of th relative
obligation all the persons ar stand as they were. Along
with the right of occupation in relation to the subject matter
in question goes of course the right of transmission and this
through a chain of eventual occupation and recourse without
end .. As to True it is that With reference relation to this same right of transmission
an exception or exceptions in any number may be established but
by from every such exception the simplicity of the dealing transmission
instead of being encrease would receive diminution.
Next, 4. Barter, composed
of two donations.
24 Next in simplicity to donation is Barter. Barter
is composed of two acts of donation exercised at the same time: and performed by
in relation to the subject matter in favour of one by a person
in favour of the other, that is to say to and for the benefit, the other performed in relation to another
subject matter in fact by the second named person in favour
or say to and for the benefit of the one first named.
Then. 5. Sales money substituted:
this somewhat
complex, in barter thing
transferred and determinate
not so money till the moment
of transfer.
35. Next in simplicity is Sale. To barter is
substituted in this case a sum of money. But in comparison
of that of one individual thing, the idea of a certain sum of
money is a complex and in some degree obscure object
that which in this case is transferred or it is true
in every case composed of a certain individual thing — a piece of money or aggregate
of individual things. But still the moment of the transfer the individual
pieces
pieces to be transferred
were at the option of the
transferrer: at any rate
not at the option of the person
to whom they were transferred:
whereas in the case
of barter the subject matter
was in both instances one both sides determinate: in both instances the determined by the correspondent choice made by the two donors and receivers.
☞ Go on with the several other species of Obligatory
dealings as per Dumont and Bonaparte. This
done [+]
[+] done go on as here
with Bonaparte.
Identifier: | JB/031/040/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-10-10 |
not numbered |
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031 |
civil code |
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040 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
c3 / d3 / e3 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9726 |
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