Get this book in print
About this book
My library
Books on Google Play
CHAPTER IV.
OF THE LIMITATIONS OF PROPERTY.
I. Property limited in respect of use, continuance or disposal,
II. Limitations arise either from the proprietor, or from some other person,
III. Limitations in respect of continuance,
IV. Services, or limitations, in respect of use,
V. Limitations in respect of disposal,
CHAPTER V.
OF OUR COMMON RIGHT TO THINGS.
Page
34
35
37
III. Some waters admit of property,
IV. Wild beasts, birds and fishes, are in common still,
V. The right to take wild beasts, &c. may be restrained as to its exercise,
I. Derivative acquisitions are of two sorts,
II. Mutual and notified consent of parties necessary, in derivative acquisitions, by the
act of man,
OF DERIVATIVE ACQUISITIONS BY THE ACT OF THE LAW.
38
39
40
41
42
43
44
46
47
49
I. Grotius supposes two sorts of derivative acquisitions, by the act of the law of nature, 50
II. Derivative acquisitions, to satisfy a claim, how made,
III. The claim to succeed to the goods of an intestate, depends upon conjecture,
IV. Intestate successions need some other support besides the law of nature,
V. Inheritance does not arise from the general consent of all mankind,
VI. In the introduction of intestate successions, a regard is had to a man's personal duty,
VII. A man's children stand first in the succession,
VIII. Children why preferred to parents in intestate successions,
56
IX. The same principle governs the succession, where an intestate leaves no children,
X. Philo is mistaken in his interpretation of the Mosaic law,
58
XI. Order of succession may be varied by civil laws,
59
XII. The succession of children may be cut off by disherison,
XIII. Uncertainty of birth hinders a child from succeeding to an intestate parent,
XIV. Infants, ideots and madmen, naturally incapable of property,
XV. Law of nations wrongly explained by Grotius,
60
61
XVI. Custody of the law supplies the place of property,
CHAPTER VIII.
OF PRESCRIPTION.
I. What prescription is, and on what founded,
II. Why long possession necessary to claim by prescription,
III. Why uninterrupted possession necessary to claim by prescription,
IV. Why honest possession necessary to claim by prescription,
V. Prescription extends to incorporeal things,
VI. Objection to the natural foundation of prescription,
VII. Some grounds to believe prescription to have been established by an universal law,
VIII. What length of time gives an equitable claim by prescription,
IX. Prescription holds against persons unborn,
CHAPTER IX.
OF THE OBLIGATIONS ARISING FROM PROPERTY.
I. Property of one man obliges another not to hinder him in enjoying what is his own,
II. The right of property produces an obligation to restitution,
III. The natural fruits or advantages of another's property are to be restored,
IV. Honest possessor not obliged to damage himself by restitution,
V. No obligation to restitution, where the thing has perished,
VI. Obligation to restitution does not extend to all advantages made by the possessor,
VII. No obligation to restitution of fruits neglected,
VIII. No obligation to restitution, where a thing given is given away again,
IX. No obligation to restore the overplus of price, where a thing bought is sold again,
X. Restitution to be made without reimbursement,
XI. Goods to be restored, and not returned to the seller,
CHAPTER X.
OF THE RIGHT WHICH A MAN HAS IN HIS OWN PERSON.
1. Right over persons reduceable to a right to do certain actions,
II. What is meant by a right to our liberty,
III. The law of nature the only original restraint upon a man's power of acting,
IV. Liberty not unalienable,
V. The restraints upon liberty, by the law of nature, are of three sorts,
VI. Duty towards God,
VII. Duty towards mankind,
VIII. Several instances of a right in our own person,
IX. Duty towards ourselves,
CHAPTER XI.
OF PARENTAL AUTHORITY.
1. Right of parents, whence derived,
II. Father's authority superior to mother's,
III. Three parts of childhood,
IV. Parental authority, in the first part of childhood,
V. Parental authority, properly so called, ceases in the second part of childhood,
VII. Variations in parental authority, show the origin of it,
VI. Honour due to parents, in the third part of childhood,
IX. What right of punishment included in parental authority,
VIII. Natural minority, what,
X. The law of nature may, in some cases, allow parents to sell their children,
XI. Adoption is different from purchase,
CHAPTER XII.
OF PROMISES.
I. What obligations arise from declaring our future intentions,
II. Promises, what,
III. Promises of giving, the same, in effect, as promises of doing,
IV. Promises always relate to future time,
V. Promises do not affect the heirs of the promiser,
VI. No obligation from promises, where there is no liberty,
VII. No promises oblige to an impossibility,
VIII. Unlawful promises, not binding,
IX. A subsequent promise cannot bind, where it is contrary to a former promise,
X. The obligation of a promise may be in suspense,
XI. Promises not to be evaded, by a supposed tacit condition of circumstances con-
tinuing the same,
XII. Promises of infants, ideots and madmen, do not bind,
85
87
88
90
91
92
93
XVI. Fear makes a promise void in some instances, and not in others,
XX. What promises may, and what may not be recalled, when they pass through a
third hand,
98
XXI. Effects of acceptance by another, either with or without commission,
XXII. A man's heirs cannot accept a promise for him,
99
100
CHAPTER XIII.
OF CONTRACTS.
I. What is meant by contracts,
II. Contracts are either of immediate or future performance,
III. Contracts are either of partial or of mutual benefit,
IV. Contracts are either of giving, or of doing, or of both,
VI. The nature and obligation of a loan of inconsumable goods,
104
VII. The nature and obligation of a commission,
105
VIII. The nature and obligation of a charge,
107
IX. Contracts of mutual benefit either share the matter, or make it common,
108
X. Incapacity of either party to be obliged, voids a contract,
110
XI. What the equality, required in contracts, consists in,
XII. Equality, in the previous acts, relates to knowledge and freedom,
111
XIII. Equality, in the principal act, relates to knowledge of the price,
113
XIV. Equality, in the matter, relates to faults in the goods, or errors in the price,
XVIII. Extraordinary circumstances allow to exceed the market price,
XXVII. Interest for money, upon what principles to be defended,
XXXIV. Contract of one parties bearing the whole loss, without any share in the gain,
140
XXXV. Work and money, how compared in partnership,
XXXVI. Contracts, how dissolved,
141
XXXVII. Contracts of chance, their nature and obligation,
142
XXXVIII. Contracts with a man to do or give what we might claim, are void,
143
XXXIX. Contracts void, where the matter is unlawful,
144
145
XL. Obligation, how restored to void contracts,
CHAPTER XIV.
OF OATHS.
I. An oath, what,
II. Obligation to fidelity,
III. Obligation to veracity,
IV. What concealments consistent with this obligation,
V. Assertory oaths confirm an implied promise,
VI. The nature of an oath,
VII. Oath, where God is not mentioned, how to be understood,
VIII. What security an oath gives of the truth of what is sworn to,
IX. Credit due to an idolater's oath,
X. Oaths may be taken by proxy,
XI. Oaths and vows, how distinguished,
XII. No effect of an oath, unless there are outward marks of an intention to swear,
XIII. Want of inward intention, where there is the outward mark of it, does not pre-
vent the effect of an oath,
XIV. Oath is void, when the pact is so, with which it is joined,
XV. Oath to a robber is binding,
XVI. Effect of an oath does not extend to the juror's heirs,
XVII. Oaths to do harm, not binding as vows,
IX. Want of consummation, in what instances it voids a marriage,
VII. Ill usage does not make a marriage void,
VIII. A second marriage is a nullity, where a former subsists,
XXIII. Want of parent's consent not always sufficient to make a marriage void,
XIV. Husband's authority, whence it arises,
XV. What concubinage is a good and valid marriage,
146
147
149
151
153
154
155
156
157
158
159
161
162
168
171
172
176
177
178
179
183
184
185
186
187
188
I. Damages and fault, what they mean,
II. Right to reparation, whence it arises,
III. Imperfect right, no foundation for demanding reparation,
IV. Perfect and imperfect rights, are sometimes confounded,
V. Some rules to be observed in estimating damages,
VI. Accessories to an injury, obliged to make reparation,
VII. Damages, how to be demanded from a number of principals,
VIII. Reparation due for the consequences of an unlawful act,
IX. Reparation for unjust death,
X. Reparation for maiming, wounding, beating, unjust imprisonment,
XI. Reparation for adultery, or debauching a woman,
XII. Reparation for theft,
XIII. Reparation for slander,
XIV. Reparation due, where there is no malice,
CHAPTER XVIII.
OF PUNISHMENT.
I. Punishment, what,
II. Justice of punishment depends upon the ends of it,
III. The ends of punishment, what they are,
IV. The justice of punishment, explained,
V. Extraordinary tortures, in capital punishments, unjustifiable,
VI. Obligation arising from a crime, what,
VII. The justice of punishment is negative,
VIII. Who may punish in a state of natural liberty,
IX. What crimes are punishable by men, in the equality of nature,
X. What guilt is,
XI. How guilt is estimated,
XII. Measure of punishment, how adjusted,
XIII. Mercy, or clemency, how exercised,
XIV. How the goods of a criminal are affected by punishment,
XV. Accessories to a crime, punishable,
XVI. Those who have no share in a crime, not punishable,
XVII. Obligation to punishment, does not descend from the ancestor to the heir,
CHAPTER XIX.
OF WAR.
I. War, what,
II. Private war, what,
III. War is naturally lawful,
IV. Who may lawfully engage in making war,