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1828 Sepr.
Blackstone Constitutional or Civil Code
As to obligatory promises it might be thought
that contract or obligatory agreement agreement would be the
preferable term. But in the case of contract, the term
is and disappropriated by the
of the idea of an act of transmission, as above
and as to obligatory agreement it imparts the
idea it conveys is that of two correspondent persuasions:
one by one party the other by the other. But cases have
place in which it is one side alone that a
promise has place. This is the case where the word pact
is employed in contradistinction to the word compact.
By an obligatory promise, say by a pact it may
be said that an act of transmission is preferred: that is
to say of a right to the service which by the performance
of the promise would be rendered in one part, be rendered in the other
part received.
This can not be denied: unless it be by saying
that by this act the service is at the same time created
and rendered by the succession of the correspondent obligation
rendered.
But with this remark the subject may be dismissed
and by this remark some additional elucidation may perhaps
be seen to be afforded.
Noe that under the head of obligatory promises
releases from those same promises must be understood to be
included. In proportion as the promise is a burthen, the
release from it – the of it – is a benefit.
Identifier: | JB/031/035/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-09 |
15-18 |
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031 |
civil code |
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035 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
e4 |
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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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9721 |
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