189
Systematic Classification sion those acts- which are commanded by legal order.
2.
In the concrete.
(a) Even to the extent of permissive
acts of self-help, but only in cases of necessary defense (Not'wehr), or neces sity" arising from the existence of danger (Notstand). (b) Through precautionary judicial and extra-judicial measures of security;
thus, Protestations4 (Verwahrungen) [dec
(a) A situation with reference to a thing; or
(b) A definite attitude of a person." Accordingly there arises a twofold legal division: — (a) Legal standards by which a situa tion of persons to things is maintained; and (b) Legal standards by which a situa
tion of persons with reference to other
larations against consequences possible
persons, or an interest in the attitude
to be drawn from positive acts, or silence]; Reservation" (Vorbehalte) [decla rations limiting the ordinary effect of
or conduct of other persons, is main
the abandonment or transfer of rights];
Kantian“ (sicherheitsleistung‘s) [an act by which a future injury to a right may be either avoided, or by which, in the
event of its infringement, restitution may be secured]; Realkaution" [the giv ing of bail or pledge for security]; Verbalkaution“ [an agreement by which the parties establish the compass of the right involved and the penalty for its violation]; Immission" (Besitzeinweis ung) [the act of the creditor taking possession of property of his debtor for
tained. The legal division corresponding to
the rights involved is — (a) Rights with reference to things; and (b) Rights with reference to persons. Inasmuch, however, as things consist
of material and immaterial property, the law of things falls into two groups: — (a) The law of material things, and
(b) The law of immaterial things. In like manner, interests in the atti
tude of persons present a further divi sion. Such interests may arise from natural
security, corresponding to the missio in bona of Roman law], etc. (c) Procedural assertion of rights
threatened or infringed, by means of action including either complaint or plea. THE SYSTEM OF CIVIL LAW The systematic classification of private legal standards must be based on those interests which subjects of rights have or may have by virtue of their existence, and their real or artificial will. These interests exist with reference to things,
or the attitude of persons. Otherwise expressed, the object of these interests IS —— “B. G. 3., secs. 227-231, 859. "German legal terminology. — Translator. “B. G. B.. secs. 232-240.
(physiological) and ethical relations in herent in kindred life and from other relations growing out of such association. "A double sense is to be borne in mind
.
.
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whether the interest is that of an unrestrained deter mination of the will. or whether the interest is in an object. it is to be further remarked that an interest in the conduct of a person may be directed immediately toward a thing. The vendee of a horse, to whom delivery has not yet been made. has, of course, an interest in the horse; but his situation with reference to a particular horse. or a horse in general, is not such as legal order will protect solely on the ground of a contract of sale. It is accord ingly possible to distinguish between an economic interest, and a juristic interest or a legally protected interest. The existence of an economic interest is recog nized by law to the extent that a creditor is obliged to accept the performance of an obligation through a third person who is not his debtor. (See B. G. 8.. sec. 267. and q’. Windscheid. Pand., sec. 342. 4. and literature there noted.) But the legally inter esting, the actionable, and above all the protected fact is still the interest of the creditor in the conduct (performance. payment. etc.) of the debtor.
