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4
(1 Ch. Obligatory Dealings
II Bonaparte
From any correspondent and opposite wrong, whatever is
right, may by the light of contrast be made to receive an
instructive and relatively useful elucidation.
For assistance take Bonaparte's
Code — an english
one wd have been preferred
but none exists: mode of action
two sorts Statute &
Common Law, this latter not
existing has no order.
For elucidation — for assistance for conception and resolution —
let us on this occasion take in hand Bonaparte's
Code. For in and by that Code, orders such as it is is
given to the several subject matters treated of in it. For highest
readers an English Code had there been such a thing in existence would
of course been preferred. But in England no such thing is in
existence. In England — and for highest subjects whoever,
the rule of action is composed of two sorts of so called
law. The Statute law which has existence, but has not
as to order has not any but that which has been given to its
parts by the time at which they have respectively received
existence: and the so called Common Law of which, it not being
so much in existence it can not be such that order in
any shape, is to be found in it.
W With Bonaparte accordingly, and his Code
we mus on this occasion and for this purpose we must
content ourselves
1. Obligatory dealings
are either Promises, or Conveyances.
No such distinction
by Bonaparte.
1 First as to obligatory dealings. That under in one
or other of two classes designated by the appellation of Obligatory
Promises and Conveyances all obligatory dealings are composed
and how perfectly distinct and different they are each the one from the
other, has just been shewn. Of no such distinction does any
clear conception appear to have been entertained by Bonaparte.
☞ In the course of the printed speak of his silence in regard to simple
pacts and simple conveyances, and his putting sale before barter then
his putting the almost most complex obligatory pro dealing marriage before the two so simple
ones — barter and sale
Identifier: | JB/031/041/001 "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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041 |
blackstone or say civil code |
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001 |
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text sheet |
1 |
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recto |
d4 / e1 |
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jeremy bentham |
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9727 |
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