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Subject matter
III. Services.
1 Money. Service
III. Third class of subject matters of property right — Services
obligatory services
Subject matters of
property 3d class
Obligatory services
Class 1. Obligatory service
pecuniary
1. First Class of obligatory services. Pecuniary or say
Money services — services consisting in the payment of money
as to which may be an amount liquidated or unliquidated.
No individual article
the subject matter of
this right
To this head may be no other head can the subject
matter of the right in question be referred to with propriety
be said to belong. Why? Answer. Because no individual
article belonging either to the class of immoveable or to the
class of moveables is ever the subject matter of it: the service
is rendered the correspondent obligation is fulfilled
by the delivery of any individual piece of money whatsoever
at the option of the obligee, provided the value
of them is that which is the subject matter of the right.
If an individual piece or
pieces of money the
subject matter th of the
right it becomes an
article of moveables
and the service no
longer a mere pecuniary
service
What may happen is that an individual piece
of money or any on individual pieces of money in any
greater number are the subject matters to which the demandant
lays claim: as for example pieces to which
their being piece of foreign having been manufactured in under some foreign
government or under the government of the state in question
has given to them in the eyes of the public at large in general
or in the eyes of the demandant in particular, an extra
value. In this case the right has indeed for its subject matter
a certain article or set of articles belonging to the class of
moveables: for the by pieces other than the individual
piece in question the obligation can not be fulfilled.
But by the description thus given of it this second case is
shewn to be a different one from the first that in question.
☞ After of before shewing the difference between the case of sums liquidated
and sums not liquidated proceed to state the several efficient causes
of right and assertion of right: observing how much more numerous they are
in
in the case of this specie of
subject matter than any
other.
Identifier: | JB/031/053/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-10-08 |
not numbered |
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031 |
civil code |
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053 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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9739 |
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