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Toutes les enchères / Livres, Cartographie & Manuscrits / Pothier (Robert-Joseph) - Traité du contrat de louage
Treatise on the lease, according to the rules both of the forum of conscience and of the external forum by the author of the Treatise on Obligations, new edition very accurately corrected + treatise on the annuity lease contract: 2 volumes in 1 volume in-12 full calf (binding of the period), red edges, piece of title in red morocco, 487; 204 pages - Slight external wear, fresh interior - Nice copy. Pothier’s treatise on leasing contains first a study of the leasing of things and then a study of the leasing of works. In the renting of things one finds fundamental reflections in particular on the status of the thing rented (cf. speci. P. 10 et seq.). P. thus points out the distinctions between the contract of sale and the lease, emphasizing that if a free man is not susceptible to the contract of sale, he can lease these services provided they are ignoble (that is, non-noble) services such as those of servants, laborers and craftsmen. This allows him to emphasize that the contract intervening between a lawyer and his client, which is not of an ignoble nature, cannot be considered as a lease contract but as a mandate contract. The fundamental passages (para. 121 et seq.) on good faith in the lease contract should also be emphasized. The contract for the rental of works, although more briefly studied, is one of the first legally solid introductions to construction law. Finally, he concludes with contracts similar to the contract for the rental of works, which today could be analyzed as forms of co-ownership or timeshare such as the contract between two “poor labourers” who have only one horse to carry out field work. Is added to the lease contract as often the treaty of the annuity lease contract, which is the sales contract in which payment of the price is made in installments and was the means used to escape the prohibition of lending by interest. This is one of the works in which Pothier addresses the theory of usury. In total, this volume is one of the major texts of the author of the Treatise on Obligations.
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