Explication Théorique Et Pratique du Code Civil, Vol. 10 (Classic Reprint): Contenant l'Analyse Critique Des Auteurs Et de la Jurisprudence; ... Forcée; Tome Premier (Classic Reprint) - Softcover

Inhaltsangabe

This book is essential reading for anyone who wants to understand the theoretical and practical aspects of the civil code. The author analyzes the writings of other thinkers to support their view that every obligation creates a bond of law both for personal and real sureties organized by the code to execute obligations. The book begins with a critique of false principles commonly held as truth regarding novation before exploring the three main types of sureties: cautioning, imprisonment and mortgage. The author illustrates that the right of general pledge has its foundation in the personal and direct obligation of the debtor, and therefore does not exist when the debtor is only indirectly liable for something they possess. Additionally, the author explains that the right of pledge extends to all the debtor's property, both movable and immovable, present and future, but not to property that belonged to the debtor at the time of the obligation but has since been alienated without fraud for free or for a fee. Finally, the author presents insights on the Code's provisions for general dispositions, privileges, and mortgages. By examining these elements of the civil code, the author offers a comprehensive interpretation that will be of great use to practitioners and scholars alike.

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