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Memoir of Sir James Dalrymple, First Viscount Stair (Paperback) Loot Price: R404
Discovery Miles 4 040
Memoir of Sir James Dalrymple, First Viscount Stair (Paperback): Neas James G. MacKay, Aeneas James G MacKay
Memoir of Sir James Dalrymple, First Viscount Stair (Paperback): Neas James G. MacKay, Aeneas James G MacKay

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Memoir of Sir James Dalrymple, First Viscount Stair (Paperback)

Neas James G. MacKay, Aeneas James G MacKay

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Loot Price R404 Discovery Miles 4 040

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 Excerpt: ...or at all events without the consent of the person subject to it, the obligation to recompense a benefit, to repair an injury, to restore what is not his own. It follows that the true division of obligations in a treatise on Municipal Law is not into those wlnch arise from obedience and those which arise from engagement, but into those which arise with the consent of the persons subject to the obligations, which may be either express or implied, and those which arise without their consent by law. It is, of course, not inconsistent with this view, that antecedent to, or independent of, any particular human law God had revealed, or reason, the highest faculty of man, had recognised, certain rights as necessary. The ascertainment of what these necessary rights are is the proper province of the Philosophy of Law. When we pass from Stair's general divisions to his treatment of particular subjects, what is chiefly to be remarked is the different bulk and relative importance of the commercial branches of the law at the time he wrote and in the present day. Thus Bills of Exchange are only treated incidentally under the title of loan or mutuum.1 Trust,2 one of the most important departments of modern law, in the same manner, is considered as a subordinate species of mandate, and it is observable that, like mandate, it was capable of being proved by witnesses until the Act 1696, c. 25, restricted the proof to writ 1 lust. i. II. 7. 2/--'-i-12. 17. HOW FAR HE FOLLOWS THE CIVIL LAW. 159 or oath--a restriction which probably ought now to be removed. The Contract of Partnership is treated in one of the briefest chapters under the name of Society. Insurance is only once mentioned as an unusual contract " where money or things are given for the hazard of any...


Imprint: Rarebooksclub.com
Country of origin: United States
Release date: May 2012
First published: May 2012
Authors: Neas James G. MacKay • Aeneas James G MacKay
Dimensions: 246 x 189 x 7mm (L x W x T)
Format: Paperback - Trade
Pages: 128
ISBN-13: 978-1-235-23928-1
Barcode: 9781235239281
Categories: Books
LSN: 1-235-23928-4

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