JB/031/284/002

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1830. April 21. Blackstone on Civil Code

1.

Distinction between conveyances
and legally
obligatory promises
difficult to and important.

2.

No adequate term.

3.

Some appellation necessary
for the designation of both.

4.

The word contract but
ill-adapted.

5.

"Transaction" well enough
adapted as to English law
but as to Rome-bred
law misexpressive.

6.

Upon the whole the
word contract the least
inappropriate.

7.

Both expressive of will
— by both burthen as
well as benefit produced.

8.

In the case of conveyances
benefit the most
prominent in that of
obligatory promises
the burthen.

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9.

To the receiver in the
case of conveyances
the benefit manifest.

10.

The burthen lies upon him
in whose profession the
subject-matter was.

11.

Example the table on
which I write if
transferred by me to you
the benefit accrues to
you — the burthen of
transmission rests on me.

12.

As to me the benefit
derived from another
simultaneous act the
transmission of money.

13.

So in the case of a house.

14.

So in the case of a legal
release.

15.

Obligatory promises —
the word contract
inexpressive — so as
to obligatory agreement.

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16.

Objection that by obligatory
promises or act
of transmission performed.

17.

This cannot be denied
unless the service at the
same time created &
rendered.

18.

Under obligatory promises
release, included.

19.

Obligation to render a
service is an obligatory
transmission or say contract.

20.

Obligatory transactions are
1. Obligatory agreements
2. Conveyances.

21.

Obligatory transaction is
1. Simple — 2. Complex

22.

If simple it contains
a conveyance alone or an
obligatory agreement.

23.

Obligatory agreement is
either 1. Independent, or
2. Engulfed in a conveyance.

24.

Covenant what

25.

Obligatory promise is
either 1. Unilateral or
2. Plurilateral.

26.

By Bonaparte no mention
of the proposed.

Identifier: | JB/031/284/002 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1827-09-07	Marginal Summary Numbering
Box	031	Main Headings	penal code
Folio number	284	Info in main headings field	penal code part ii offences severally considered
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	9971008
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