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Front Page arrow Titles (by Subject) arrow CHAPTER XVIII.: TENTH GENERAL TITLE OF THE CIVIL CODE. Of Persons capable of Acquiring and of Contracting. - The Works of Jeremy Bentham, vol. 3

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CHAPTER XVIII.: TENTH GENERAL TITLE OF THE CIVIL CODE. Of Persons capable of Acquiring and of Contracting. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 3.

Part of: The Works of Jeremy Bentham, 11 vols.

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CHAPTER XVIII.

TENTH GENERAL TITLE OF THE CIVIL CODE.

Of Persons capable of Acquiring and of Contracting.

From the word person, and others which are employed to represent it (such an one, he who, &c.) is derived a collection of titles which should have their common centre in this one.

To whom shall the law attribute the capacity of acquiring and of contracting? To all, says the general rule. If there be persons to whom it is refused, this ought to be in consequence of some particular reason. Thus without the exceptions, there would be no necessity for the general rule. It is only required that the exceptions may be placed under it.

Thus the law will not allow the right of investiture to a benefice in the church to a Jew, lest he should abuse it to the prejudice of the church. It does not allow a like right with regard to real property to a minor, lest he should abuse it to his own prejudice. It does not allow this right, nor even that of its occupation, to a madman, lest he should abuse it, either to his own prejudice or to that of another.