This derivation, as a
juridical act, cannot be effected by a mere negative relinquishment or
renunciation of what is his (per derelictionem aut renunciationem);
because such a negative act would only amount to a cessation of his
right, and not to the acquirement of a right on the part of another.
It is therefore only by positive transference (translatio), or
conveyance, that a personal right can be acquired; and this is only
possible by means of a common will, through which objects come into
the power of one or other, so that as one renounces a particular thing
which he holds under the common right, the same object when accepted
by another, in consequence of a positive act of will, becomes his.
Such transference of the property of one to another is termed its
alienation. The act of the united wills of two persons, by which
what belonged to one passes to the other, constitutes contract.
19. Acquisition by Contract.
In every contract there are four juridical acts of will involved;
two of them being preparatory acts, and two of them constitutive acts.
The two preparatory acts, as forms of treating in the transaction, are
offer (oblatio) and approval (approbatio); the two constitutive
acts, as the forms of concluding the transaction, are promise
(promissum) and acceptance (acceptatio).
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