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CONTENTS
OF
THE FIRST VOLUME.
PRELIMINARY ARTICLE
PART I.
OF THE ESSENCE OF OBLIGATIONS AND THEIR EFFECTS.
CHAPTER I.
Of the Essence of Obligations
SECTION I. Of Contracts
-
Article I. What a Contract is, wherein it differs from a Pollicita-
tion, (or Promise,) and what Things are principally to be distin-
guished in every Contract
§ 1. What a Contract is
§ 2. Wherein a Contract differs from a Pollicitation
§ 3. 3. Of three Things, which are to be distinguished in every
Artitle III. Of the different Defects which may occur in Contracts
Page
1
2
ib.
3
7
9
10
12
15
16
18
19
§ 6. 6. Of the Want of a good Consideration
23
§ 7. Of the Want of Obligation (Lien) in the Person promising
Article IV. Of persons capable or incapable of contracting
Article V. Of what is capable of being the Object of Contracts, and
of the rule of the civil Law, that it can only be something which
concerns the contracting Parties, according to the Principle, that
a Person cannot effectually stipulate or promise except for himself 25
§ 1. Reason of the Principle that a Person cannot stipulate or
promise for another
§ 2. Several Cases in which the Parties effectively stipulate or
promise for themselves, although another Person is mentioned
26
27
§ 3. What concerns another Person may be the Mode or Con-
dition of an Agreement; although it cannot be the Object
of it
§ 4. A Person may stipulate or Promise by the Ministry of a
third Person; which is not stipulating or promising for
Of the effect of Contracts
another
Article VI.
Article VII. Rules for the Interpretation of Agreements
Article VIII. Of the Oath which the contracting Parties some-
Of Injuries and Neglects(a)
3. Of the Law
SECTION III.
SECTION IV.
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36
39
42
50
54
55
57
Of the Persons between whom an obligation may subsist 58
Of what may be the Object and Matter of Obligations
§ 1. General Statement of what may be the Object of Obli-
gations
§ 2. What things may be the Object of an Obligation
3. What Acts may be the Object of Obligations
CHAPTER II.
Of the Effect of Obligations.
Article I. Of the Effect of Obligations on the Part of the Debtor
§ 1. Of the Obligation to give
§ 2. Of the obligation to do, or not to do, any Act
Article II.
59
62
64
66
Of the Effect of Obligations, on the Part of the Creditor 67
§ 1. Of Cases where the Obligations consist in giving any thing 68
2. Of Cases where the Obligations consist in doing or not
doing any Act
Article III. Of the Damages and Interest arising from the Non-
performance of Obligations, or the Delay in performing them
(a) The reference to No. VI. of the Appendix, is casually omitted in the text.
Of the first Division of Obligations into civil and natural
CHAPTER III.
Of the Different Modifications under which Obligations may be
contracted.
Article 1. Of suspensive Conditions, and conditional Obligations
§ 1. What a Condition is, and its different Kinds
§ 2. What may make a condition which suspends an Obli-
gation
§ 3. When a Condition is accomplished, or considered as
accomplished
§ 4. Of Indivisibility in the Accomplishment of Conditions
§ 5. Of the Effect of Conditions
83
86
87
89
96
98
6. Whether it is necessary, when an Obligation is contracted
under several Conditions, that they should all be accomplished 99
Article II. Of Resolutory Conditions, and of Obligations determi-
nable on a certain Condition, and of those which are limited to a
certain Time
Article III. Of a Term of Payment
100
101
What a Term of Payment is, and the different Kinds of it ib.
2. Of the Effect of a Term, and in what respect it differs
from a Condition
§ 3. Of a Case in which the Debt may be demanded within
the Time
§ 4. Of a Term joined to a Condition
Article IV. Of a Place agreed upon for Payment
Article V. Of obligations contracted with a Power of paying to some
person who is indicated, or with the Power of paying some other
thing in lieu of that which is the object of the Obligation -
Article VI. Of alternative Obligations
Article VII. Of Obligations in Solido between several Creditors
Article VIII. Of Solidity on the Part of the Debtors
103
104
105
106
111
112
§ 1. Of the Nature of an Obligation in Solido, on the Part
of the Debtors
§ 2. In what Case the Obligation of several Debtors is held
to be contracted in Solido
§ 3. Of the Effects of Solidity between several Debtors
4. Of Release of Solidity
5. Of the Cession of the Actions of the Creditor, which a
Debtor in Solido, who pays the whole, has a Right to
demand
116
119
123