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Chapter 12 - Contract law II. Kant's table of contracts

Published online by Cambridge University Press:  05 June 2012

B. Sharon Byrd
Affiliation:
Friedrich-Schiller-Universität, Jena, Germany
Joachim Hruschka
Affiliation:
Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany
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Summary

Section 31 of the Doctrine of Right contains a “Dogmatic Division of all Contractually Acquirable Rights.” Kant says that a dogmatic division is a division according to a principle a priori, as opposed to a fragmentary empirical division, which cannot resolve the question of whether the division is complete. Kant claims that his division is complete and specific and thus comprises a real system of all derivatively acquirable rights.

Divisions of contracts have existed since Antiquity. The Digests understand market activity as the exchange of goods and services, and arrive at a four-part division of contracts by combining two elements, namely to give (dare) something, or to do (facere) something:

Achenwall reduces the classic four-part division to a three-part division. Kant agrees with Achenwall's reduction because Do ut facias and Facio ut des describe the same process. Kant's table of contracts, however, extends far beyond this model. As it is imperative for the reader to have the table in order to understand this chapter, we are including it here in full:

  1. A. The gratuitous contract (pactum gratuitum) is:

  1. (a) The keeping of entrusted goods (depositum).

  2. (b) The lending of a thing (commodatum).

  3. (c) The donation (donatio).

  1. B. The onerous contract.

  2. I. The contract of exchange (permutatio late sic dicta).

  1. (a) The barter (permutatio stricte sic dicta). Goods for goods.

  2. (b) The purchase and sale (emtio venditio). Goods for money.

  3. (c) The loan (mutuum): exchange of a thing under the condition of getting it back in kind (e.g. grain for grain, or money for money).

Type
Chapter
Information
Kant's Doctrine of Right
A Commentary
, pp. 245 - 260
Publisher: Cambridge University Press
Print publication year: 2010

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