Inhaltsangabe
This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1906. Not illustrated. Excerpt: ... chapter vi. A review and exposition op several cases where the cession of action is imposed as A duty. summary. 1. As a rule no one is compellable to give cession of his actions to another. 2. We find that there are many exceptions to this rule. For cession is compulsory in the following cases:--(i.) The Trebellian heir who must cede the actions accruing to him which are incidental to the inheritance. 3. (ii.) The possessor on behalf of the heir, or who possesses for a possessor, must cede to the true heir. 4. (iii.) The creditor must cede the actio pignoration to the purchaser who after the sale suffers eviction. 5. (iv.) Or to the debtor, when the debt in respect of which the pledge was given has been paid, actions acquired by the creditor, arising from the pledge. 6. (v.) Co-heirs reciprocally among themselves. 7. (vi.) Every vendor must transfer to the vendee the actions accru ing to the vendor before delivery. 8. In this case, however, Cujacius considers that the vendor is not obliged to cede actions for rent, which opinion is disapproved of. 9. (vii.) An agent too is legally compellable to cede actions to his principa1. 10. For the reason that the principal cannot avail himself of such actions without proper cession. 11. Criticism of I. 68 D. deprocurat. 12. The common solution of the difficulty by the doctors is noted. 13. This view is disapproved. 14. And agreeing with Cujacius the law must be restored from the Basilica. 15. Rights of actions on the agent's contracts are nevertheless some times acq...
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