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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 2, CHAPTER 12On ContractsI. The division of men's acts which are advantageous to other men; first, into simple acts and acts of a mixed characterII. The division of simple acts into those that are merely acts of kindness and those that involve a mutual obligationIII. Also into reciprocal acts, which sometimes separate the partiesIV. Reciprocal acts that sometimes contribute to a community of interestsV. That acts of mixed character may be mixed in respect to their main elementsVI. Or such acts may be of mixed character only by reason of an additional actVII. What acts are called contracts.VIII. That equality is required in contracts; and first, equality as regards preceding actsIX. That equality is required in contracts as regards knowledge of the factsX. That equality is required in contracts as regards freedom of choiceXI. Secondly, that equality is required in the act of making a contract, if it be a contract requiring an exchangeXII. Thirdly, there should be equality in the subject of the contract; explanation thereofXIII. What equality ought to obtain in acts that are wholly acts of kindness, or partly acts of kindnessXIV. In what way the price of an object ought to be estimated in a sale, and for what reasons it may justly increase or decreaseXV. When according to the law of nature a sale is completed, and when ownership is transferred.XVI. What monopolies are contrary to the law of nature or the law of love.XVII. How money serves as the medium of exchangeXVIII. By the law of nature nothing should be deducted from the price of rent on account of unfruitfulness or similar misfortunes; also what rule holds if the first renter is hindered from using a thing and it has been rented by anotherXIX. How a just payment for services may be increased or diminishedXX. By what right interest is forbiddenXXI. What advantages do not come under the head of interestXXII. What the force of the civil laws is in this matterXXIII. What valuation ought to be put on a contract for securing against loss or insuringXXIV. What rule applies in the case of a partnership; wherein many kinds of partnerships are explainedXXV. Concerning joint undertakings for maritime operationsXXVI. According to the law of nations, so far as external acts are concerned, no consideration is given to an inequality in terms which has been agreed to; in what sense this may be said to be consistent with the law of nature |
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