In the
former view, a house or farm would be regarded as having a burden
lying upon it, constituting a real right acquired in it by the lessee;
and this might well enough be carried out by a clause merely indorsing
or ingrossing the contract of lease in the deed of sale. But as it
would no longer then be a simple lease; another contract would
properly be required to be conjoined, a matter which few lessors would
be disposed to grant. The proposition, then, that "Purchase breaks
hire" holds in principle; for the full right in a thing as a
property overbears all personal right, which is inconsistent with
it. But there remains a right of action to the lessee, on the ground
of a personal right for indemnification on account of any loss arising
from breaking of the contract.
EPISODICAL SECTION. The Ideal Acquisition of External
Objects of the Will.
32. The Nature and Modes of Ideal Acquisition.
I call that mode of acquisition ideal which involves no causality in
time, and which is founded upon a mere idea of pure reason. It is
nevertheless actual, and not merely imaginary acquisition: and it is
not called real only because the act of acquisition is not
empirical. This character of the act arises from the peculiarity
that the person acquiring acquires from another who either is not yet,
and who can only be regarded as a possible being, or who is just
ceasing to be, or who no longer is.
Pages:
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112