Lectures on Jurisprudence, Or, the Philosophy of Positive Law

Lectures on Jurisprudence, Or, the Philosophy of Positive Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...no demand has been made upon the debtor. But why? Because the debtor has actually broken the obligation; or because he intends to break it, and the delay occasioned by a formal demand might facilitate the execution of his unlawful design. For example; if the debtor withdraw himself from his home to evade a demamixf 31$ lgggglvle I shall here remark, generally, a distinction which exists possession or between obligations arising from the possession of res aheme, T" ""6"" or things which are the property of another person. The party entitled has always a right to the restitution of the goods or to satisfaction for their loss, and the party in possession is always bound to restore or satisfy. But the nature of the obligation depends upon the consciousness of the party in possessionzl If he possess the subject malzifide, his possession is itself a wrong. His obligation to restore or satisfy, arises from an 'in_7'ur' _/; and, inasmuch as the right which is violated is jus in rem, the obligation is ex delicto (strictly speaking). If he possess the subject bond fide, his possession is not a wrong. His obligation to restore or satisfy is quasi ea.' contractn: That is to say, It arises from a fact which is neither an injury nor a convention. But so soon as he is apprised of the right which resides in the party entitled, the obligation alters its nature. It may either be considered as arising from a breach of the quasi-contract; or from a violation of the jus in rem which resides in the party entitled. And, on either supposition, it arises from an injury. " And the demand in such a case was thought necessary by Martin and Bramwell, BB., in Freeman v. Jeifries, May 6, 1869, L. R. 4 Excli. 199, 200. 1-It might...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236971353
  • 9781236971357