Introduction To The Science Of Law Volume 1; Systematic Survey Of The Law And Principles Of Legal…

Paperback | May 17, 2012

byKarl Gareis

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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. 1911 Excerpt: ...B.G.B., sec. 242, e seq.; default of the debtor, B.G B., sees. 284, 292; default of the creditor, B.G.B, sees. 293-304. a Relative to this distinction, see v. Atnira, Grundriss d. germ. Rechtr, sec. 70: Gareis, H.G.B. 3d ed., p. 332, sec. 356, note 3; H. Brunner, Grunieuge d. D. R. Geschichte. sec. 50, p. 291. 4 In earlier stages of civilization, at any rate, the whole personality was involved: so that there was slavery for debt, or in any event private imprisonment (arrest for debt in the house of the creditor, etc.). Cf. Code of Hammurabi, sees. 113-117, 151. In the Babylonian law the wife stood as security for debts of the husband and might be sold therefor. A person who is entitled to re-payment from another of a sum of money can claim only a single act--the performance of payment. A person entitled to delivery of a horse from another on payment of the purchase price can claim only a single act, namely, delivery. In the first case the money, and in the second, the horse are not within the control of the creditor, until performance by the debtor. The claim is, in each case, against the person of the debtor (actio in personam, and not in rem). It does not involve the totality of the debtor's personality; but only a single activity, that of performance. If the submission of the will of the debtor were to extend further and involve his personality to the extent of legal subjection, the obligation would be regarded as immoral (contra bonns mores)--as leading to actual slavery, which is regarded as illegal in civilized countries. There is a legal bond between the creditor and debtor, an obligatio,--a vinculum juris,--by which the debtor is bound to the creditor for performance. Every obligation includes:--(1) A creditor side and a debtor side; (2) A claim and...

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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. 1911 Excerpt: ...B.G.B., sec. 242, e seq.; default of the debtor, B.G B., sees. 284, 292; default of the creditor, B.G.B, sees. 293-304. a Relati...

Format:PaperbackDimensions:126 pages, 9.69 × 7.44 × 0.27 inPublished:May 17, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217492789

ISBN - 13:9780217492782

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