A Treatise on Insurances

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The Lawbook Exchange, Ltd., Jul 1, 2005 - Law - 731 pages
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Originally published in 1783, Emerigon's learned treatise was praised by James Kent, who said it "very far" surpassed "all preceding works in the extent, value, and practical application of his principles. It is the most didactic, learned, and finished product extant on the subject. (...) In the language of Lord Tenterdon, no subject in Emerigon is discussed without being exhausted, and the eulogy is as just as it is splendid." Meredith's able translation is complemented by a brief biography of the author and a chronology of the book's compilation. Emerigon [1716-1785] was the leading French authority on commercial law during the eighteenth and early nineteenth centuries. His work was held in the highest regard by English and American jurists. Kent, Commentaries on American Law 359 cited in Marvin, Legal Bibliography (1847) 293.
 

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Contents

CHAPTER I
1
CHAPTER II OF THE FORM OF THE CONTRACT OF INSURANCE
25
CHAPTER III OF THE PREMIUM
51
CHAPTER IV OF PERSONS CAPABLE OF BEING PARTIES TO THE CONTRACT OF INSURANCE
78
CHAPTER V OF THE PARTIES CONTRACTING
106
CHAPTER VI OF THE SHIP
122
CHAPTER VII OF THE CAPTAIN
146
CHAPTER VIII OF THE THINGS THAT MAY BE INSURED
156
CHAPTER X DESIGNATION OF THE THING INSURED
233
CHAPTER XI PROOF THAT THE SUBJECT INSURED HAS BEEN PLACED AT RISK
247
CHAPTER XII OF MARITIME RISKS
285
CHAPTER XIII OF THE TIME AND PLACES OF THE RISK
531
CHAPTER XIV PROOF OF LOSS
595
CHAPTER XV INSURANCE MADE AFTER THE LOSS OR SAFE ARRIVAL OF THE THING
621
CHAPTER XVI OF RETURN OF PREMIUM
649
CHAPTER XVII OF ABANDONMENT
665

CHAPTER IX VALUE AND ESTIMATION OF THE EFFECTS INSURED
210

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Page 49 - The first general maxim of interpretation is, that it is not permitted to interpret what has no need of interpretation. When an act is conceived in clear and precise terms, when the sense is manifest, and leads to nothing absurd, there can be no reason to refuse the sense which this treaty naturally presents.
Page 21 - mercantile questions, such as bills of exchange and the like, " in all marine causes relating to freight, average, demurrage, " insurances, bottomry, and others of a similar nature: the " law merchant, which is a branch of the law of nations...
Page 21 - Thus in mercantile questions, such as bills of exchange and the like ; in all marine causes, relating to freight, average, demurrage, insurances, bottomry, and others of a similar nature ; the law merchant, which is a branch of the law of nations, is regularly and constantly adhered to. So too in all disputes relating to prizes, to shipwrecks, to hostages, and ransom bills, there is no other rule of decision but this great universal law, colleetel from history and usage, and such writers of all nations...

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