1000000030

'reduced into writing. A dee,¡ appearing in the curlady

.of the grantee himldf, is conlidered as

hisabfolllt~

right ;

in fo much that Ihe granter is not allowed to prove that

,it was grantcd in truí!,

olhcrlV¡f~

than by a IVritlen de·

claration Ggned by the

~rullce.

or by his oath.

. 21 .

The lollowing deeds are c!fcltu.1 wilhout dclivery,

'1.

Writings containing a elaufe dil'pcnGng lVith the de

·Iivery: T hefe are of lhe nature of revob ble deeds, ""'ere

the dealA of the granter is equivalent

delivery. becaufe

after death there caD be no revOCatioD .

Deeds in fa·

vour of children, even natural ones; for pareDts are the

proper eurlodiars or kecpcrs of their ehildrens writings.

}'rom a(¡milar reafoD. ponnuptial fettlemcnts by the huf·

band to the wife need no ddivery.

Rights which

are oot

take e/fea lill the granter's dcath, or even

where he referves an intererl tO himfelf during his life ;

for it is prefumed he holds the cultody of thele, merely

to fecure to {¡imCelf fuch refervcd inlererl.

Deeds

that the granter lay under anantecedent natural obligation

to execute.

f .g.

rights grantedto a cautioner for his re–

lief.

Mutual obligations,

contraéls; for ever.y

fuo~

deed. the moment it is exccuted, is a common evi·

deot to a11 the parties concraaers. Laflly, the publi.

eatÍon of a writÍng by regiltratioD, is equivaleot ·to deli·

~ery.

'Tit.

'22.

Obtigatioll! and CmlraB! Ol'ifillg

/r01n Conjeul, amI 01 acceJJory Obligation!.

CONTRA CTS

confenCual,

which mighr, by the

Romao law. be perfeéled by fole conCeDt, without the

ioterventio.D either of things or of writing. are fale.

permutation, location, faciety, aDd mandate. Where the

fubjeél of any of Lhefe contraas is heritabJe, writing is

lIecelf.,y.

Sale is a contraél, by which·one becomes obllged to

give fomething to aoother. io conuderation of a certain

priee in curreot mODey

be paid for it. Things coofilt·

ing merely in bope, 'may be the fubjeél of this contraél,

as the draught of a oet. Commodities, whe¡e their ill,1'

porra..tioo or ufe is abColutely prohibited, caonot be the

fubjeét of. fJle; and eveD in run goods, no aélion lies

againlt the vender for oot delivery, if thebuyer koew the

goods were run .

3. Though this cootraél may be perfeéled before deli·

very of Ihe fubjeél. the properly remains .till then with

lhe vender. See Tit. viii. 9. Yet till delivery, theha·

'Zard of its deterioration falls OD the purcbafer, beeaufe

he has all the profits arifing from it. after theCale. On

1he other hand. the fubj eé! ¡tfelf perilhes to thevender;

l .

it Ihould perilh through liis fault, or after his un·

due delay to del,ver it.

a fubjeél is fold as a fun–

gible, and oot a1ao individual. or

corpul••.g.

a quan·

tityuf farm·wheat. fold withoutdillinguilhing the parcN

to be deli vered from the rell of Ih. farm. 3. The

p•.

l'icu{ulII

lies on the vender til! delivery. ifhe be obliged

by a Cpecial artide in the cODtraél

ddiver tbé fubjeél

at acertain place.

4' LOcalion is ,hat contraél, where an hire is Ilipulated

fer the uCe of things, or for the fer.ice of perfons. He

IIÓOIcts his work or thc ufe of his property tO hire, is

the

I.~ator

or Id1'"r; and the other, the conduélor or

Idfee. Inthe location of things, the Iclror

obliged to

deEvtr the C"bjea, fiued to rhe ufe it was let for; and

th~ Itlr~e

mult preCerve it cartfully, put it to 00 other

ufe. ando after that is over, renore it. Where a \Vork–

man or artificer lets his I.bour, anel if the work is either

oot performed according tO contnél, or if it be infu/li.

cientoevenfrom mere unflcilfulneCs, he is liable to his em'

pioyer in damages , for he ougbt oot, as an artificer, to hafe

undcmken a work to

whicb.he

was not equa!. Afer.

vant hired for a cenain term, 'Is intitled to his full wages.

though from

Gck~efs

or other accident he Ihould be diC·

abled for a pm of his time; but, if he die before the

term, his wagesare ooly due fo r tho time he aéluallyfer.

ved . lf amaner dies, or without good reafon ¡uros off,

bofore the- term, a Ceroant \Vho eats inhis houfe, the fer·

vant is iotitled to his fdll wages, aod to his maiotenance

till that term: And, on the other part, a Cervant who

without ground deferls his fervice, forfeits his wages

and maiotenaoee, aod is liable to his malter in damages.

Society or copannerlhip is a conmé!. wherebythe

feveral panners agree, conccrning Ihe communicatioo of

10Cs and gain arifingfrotll the fubjeél of the cODtraél. 1t

is formed by the reciprocal choice that the panners make

of one another; and

is not conltituted in ·the cafe of

to.heirs, or of feverallegatees io die Came fubjea.

copartncrlhip Dlay be fo conllituted, that one of the part–

oers Ihall, either from his fole rigllt of property in the

fubj eél, or from bis fuperior Ikill, be intitled tO a cenain

fiJare of Ihe profits. \vithout beiog Cubjeéled to aoy part

of the lofs; but a focíety, whete ooe partoer is to bear a

cerrain proportion of lofs, .without being iotitled to any

Ihare of the profiu, is junly reprobated. AII the pan·

Ders are in.titled to Ihares of profit' and /oCs proponion·

cd to their fevP.tal ltocks, whcre it' not otherwifc cove-

oanted.

6. As partoers are uDited, from a

d.MluJ

pfrjontL,

a kiod ofbrotherbood, oo. panner cao, without a fpecial'

power COntaiDCd iD the contraél, tran;fer aoy part of his

Ihare to another•. AII the partoers are bound

in jolidum

th~

obligation of aoy one of thero, if hc fubfcribe by

the

¡frm

or Cocial name of tbc company; unleCs it be a

deed tha¡: falls oot undt>r the common courfe of admini–

ltration. The compaDy.effeéls are the company property

of the fociety fu bjeéted to its debts; fo that no partner

can c1aim a diviGoo thereof, even after the fociety is dif·

fo/ved; till theCe are paid: And, coofequently, no cre–

ditor of a partner caD, by diligence, carry to himrelf the

properry of any part of the common nock. io prejudice

of a company.creditor: but he may,' by arrenmenr, fe–

cure his debtor's Ihare io thecompany's hands. tO be made

fonhcoming tO him at lhe doCe of the copartnerlhip, in

fo f.r as it is not exhaulled by the company debls.

7, Society being founded in the mutual con6dence a–

mong the

(ocii,

isd,lfolved, not only by the rcnunciation,

but by the death of ar.y one of them, if it be nOI olber·

wife fpecially covcnanted. A parrner, whO rcnounces

"pon unfair views, or at a eritical time, IVhen his wilh·

drawing may be falal to the fociety. loo

Ces

his partners

fromall their cngagcments to him. \Vhilehe is ¡'ounJ to

thcm for all the profits he Ihall OlJkc by his withJraw-

in!:,