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ACQUIRED RIGHTS

Contents

Acquired Rights

Chapter 1

A summary of the cause of all rights in general

Chapter 2

The cause of acquired rights

Article 1

Acquired freedom

Article 2

Acquired ownership

§1

The act of acquisition as the cause of ownership

§2

Opinions on external ownership

A.

Systems which deny external ownership in the state of nature and attribute its institution to civil laws

B.

Systems which recognise external ownership in the state of nature but lack sufficient reasons to support it

Chapter 3

Nature of the right of acquired ownership107

Article 1

The juncture of things to persons constituting ownership is threefold: physical, intellectual and moral

Article 2

A brief comment on some of the principal errors, present in various writings, about the nature of the jural juncture constituting ownership, and their disastrous consequences

§1

Comment on writers who concentrated only on physical juncture; the consequences they drew from it

§2

Authors whose attention was confined to moral juncture alone, and its consequences

Chapter 4

The first way of acquiring ownership: occupancy, and its limits

Article 1

Conditions of occupancy

Article 2

Limits of occupancy

§1

Limits arising from the physical bond

§2

Limits arising from the moral bond

Article 3

Changes in rights dependent on occupancy, according to variation in the occupying subject

   

Chapter 5

Continuation Occupancy considered as a cause of dominion over persons

Article 1

Occupancy of self

Article 2

Occupancy of others: the meaning of our question

Article 3

Occupancy of human beings who have not yet fully attained seigniory over self

Article 4

The right of seigniory over an abandoned child (continued): does the right over continue to exist when the child has become adult?

Article 5

Duties of the grown child to his foster father

§1

The duty of gratitude

§2

Moral duty, and the jural duty of submission

§3

The moral-jural duty of restitution

Article 6

At what stage, according to rational right, must a child be left in his own power?

Article 7

Does positive law offend natural right by determining stages at which civil acts begin to function ipso facto for everyone?

Chapter 6

Generation, the second title by which ownership or dominion over persons is acquired

Article 1

Various rights involved in patria potestas, and their different titles

Article 2

Generation as the source of patria potestas

Article 3

Modifications affecting the rights which arise from the simple title of rearing joined to the title of generation

Article 4

Modifications affecting rights arising from the title of occupancy when it is joined to the title of generation

§1

The end of parental society, and the laws deriving from it

§2

The governor of parental society, and the nature of his government

Article 5

Particular rights arising from the title of generation211

§1

The right to correct and punish wayward children

§2

The right to dispose of the childrens goods in case of necessity

Chapter 7

The preservation of rights of ownership acquired through occupancy, and their extinction

Chapter 8

Analysis of the right of ownership

Article 1

The threefold meaning in which the word `nature has been taken by writers on natural right

Article 2

Three other meanings given to the word NATURE by writers on natural right

Article 3

The distinction between ownership and the right of ownership

Article 4

Ownership is in some way unlimited; the right of ownership is limited

Article 5

The method for carrying out the analysis of the right of ownership

Article 6

Analysis of the RIGHT of OWNERSHIP in so far as it is ownership itself

Article 7

Analysis of the RIGHT OF OWNERSHIP as RIGHT

§1

Division of the complex right of ownership relative to the different acts of ownership

§2

Division of the complex right of ownership relative to different persons who have a jural obligation to respect the right

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