Book Description

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. 1806 edition. Excerpt: ... the wine that I shall grow the ensuing year, the obligation is valid, although the wine does not exist. But if my vines are frozen, so that no wine can be got from them, the obligation fails for want of an object, and is as if it had never been contracted. The rule, that things to arise in future may be the object os an obligation, was subject to an exception in the Roman law as to future successions. These laws proscribed as indeceat, and contrary to general propriety, (honnete pub/ique, ) all agreements with respect to future successions, whether a person contracted and disposed of his own future succession in favour of another person to whom he promised to leave it, even when the agreement was made by a contract of marriage, /. 15. cod. de pact (a), or those by which the parties contracted upon the future succession of a third person, .which they or one of them expected to receive, I. fin. cod. dt pact (i). at least unless such third person intervened and gave his consent to the agreement, d. I. ad.fi. In the law of France, the favour of marriage contracts admits of agreements respecting future successions. A person by his marriage contract may engage to leave his wife his future succession in the whole or in part, or to leave it to the children of the marriage. They may also by marriage contracts, make such agreements for the interest; of the two contracting families concerning future successions, from a third person as they think proper. With the exception of contracts of marriage, agreements COncemfa) Pact J m quod dotali instrument!) comprehensum est, ut, fi fattt vita suvgerttur, ex oXfma porttone fa, qua r, ubebatt cum fratre hem p.ir s f*i J/'t: neque ullam obl'gationem coatrahere, neque libertatem teltamenti faciendi...