A System of the Forms of Deeds Used in Scotland - Bookswagon
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A System of the Forms of Deeds Used in Scotland

A System of the Forms of Deeds Used in Scotland


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Chap. V. Of Contracts. Under this head, it would be natural to follow the arrangement of the Civil Law in regard to Contracts. By that law, fome are real, depending on tradition; as, loan?com- modate?depofitation?pledge; dr confenfual, as, fale?location?fociety?mandate. But this arrangement, however confonant to the principle of the contract, does not always corref- pond with the forms of the deeds. Thus, all heritable rights have a natural connexion, from the claufes peculiar to that fpecies of deed, by which a feudal right is conftituted; and thus, in the view of the conveyancer, whether they fall under the one or the other of thefe contracts, every heritable right takes an arrangement depending on the feudal nature of the deed. Leafes have fo intimate a connexion with rights of land, and were originally fo fimi- lar in their form, that they arrange more naturally with charter and difpofition, than with. deeds of location. Marriage contracts, again, from the fame connexion with land, and from being in a manner deeds of fucceffion, are, in a greatgreat meafure, excluded from the Roman law arrangement. Our manner of conftituting perfonal obligation by bond or bill, and the deeds connected with that department, by which the obligation is affigned or difcharged, become fo connected in their forms, that they, too, are -excluded from that arrangement which the principle of the tranfaction would naturally point out. With the exceptions neceflarily arifing from thefe caufes, the Roman law order fhall be followed in regard to Contracts; and the Forms of this Chapter fhall be arranged under the heads of Sale?Location?Depo- fit?Pledge?Society?Mandate. i. Sale. BiU of Sate of a Ship. I A? Chip carpenter in Leith, Considering that by agreement, of date, entered into betwix...


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Product Details
  • ISBN-13: 9780217153744
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 106
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 0217153747
  • Publisher Date: 09 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 204 gr


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