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Ch. Universal Jurisprudence
(2 Efficient causes of
commencement and cessation
of right all matter reducible under
this head
Out of one subject matter
rights may arise in any
number. Your coat, sold
by taylor, & sent to foreign
Country — these efficient
causes of cessation, but
at same time arises right
of its value in money.
So likewise out of one and the same subject
matter may grow up rights succeeding one another in
a chain of any length each of them put on and to
by this or that efficient cause of cessation of right: [your coat
for example which is at your taylors if he has destroyed
it or sold it to a purchaser who has gone off with it to a
foreign country, by either event an efficient cause of cessation of
right with relation to it has been effected: but out of this efficient
cause of right with relation to this garment, springs up at the
moment of its extraction like a new phoenix from the ashes
of the old one a right to the value of it in money at the
charge of the taylor in compensation satisfaction or part
satisfaction for the loss]
So in case of a promise
if fulfillment impossible
by promiser — here cessation
of right to it, but commencement
to another viz payment
of money equivalent.
So for example in the case of an obligatory
promise in your favour a promise by which means of which at the charge
of the promise maker a right is given to certain services to
be rendered to you by him is created. F An event has taken
place by which the his rendering of those services by him to you
has been made impossible: by of this course a with relation
to those same services this event has become a cau the
efficient cause of the cessation of that right: but while it he
with relation to that right it has thus been an efficient
cause of cessation, with relation to another right it has
become an efficient cause of commencement: for example
a right to a certain other service consisting in the payment
of a certain sum of money t in amount equal to that
which would have represented been equal in value to the value of that
same first mentioned service.
Identifier: | JB/031/073/001 "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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073 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
e2 |
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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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9759 |
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