Section 1. General nature of injunctions to restrain infringement of Equitable rights; and herein of injunctions to restrain proceedings at law; of Bills of Peace; and of Bills of Interpleader. Section 2. Injunctions to protect legal rights. CHAPTER III Reëxecution, Reformation, Rescission, and Cancellation. CHAPTER IV Account, Partition; Dower; Boundaries, Rent. Partnership Bills. CHAPTER V CHAPTER VI Creditors' Bills and Administration Suits. CHAPTER VII Infants, Idiots, and Lunatics. CHAPTER VIII Discovery. CHAPTER IX Bills Quia Timet; Receivers; Writs of Ne Exeat; and of Sup plicavit. CHAPTER VI THE ENGLISH LAW AS IT WOULD BE IF Exhibit M.-The French Civil Code THE PROVISIONS OF THE FRENCH CIVIL CODE AS TO ILLEGAL Note to Exhibit M. The French Civil Code Exhibit N.-The Proposed Civil Code of New York THE PROVISIONS OF THE FIELD CIVIL CODE AS TO UNLAWFUL Note to Exhibit N. - The Field Civil Code PAGE 178 179 188 189 189 192 198 211 THE PROVISIONS OF THE INDIAN CONTRACT ACT IN REGARD The following are samples of Codification. For this purpose we select the French Civil Code, the proposed New York Civil Code, known as the Field Civil Code, and that portion of the East Indian Codes known as The Indian Contract Act. As it is impossible to cover the whole field, we give the general outline or table of contents of the book, and then quote the particular sections which we intend to bring into the discussion. In order that the reader may obtain a clear insight into the com parative practical workings of the two systems, - case and code law, we select for this purpose the sections in each Code covering the same branch of the law-contracts in restraint of trade—as is covered by the cases cited in the last chapter. We would add that the Louisiana Civil Code and the California Civil Code are not brought into the discussion for the following reasons. An examination of the provisions of those Codes will show that the sections of the Louisiana Code covering the subject-matter investigated are substantially the same as the similar sections in the French Code; and likewise the sections of the California Civil Code covering the same branch of the law are substantially identical with the similar sections in the Field Civil Code. 66 Thus sections 1131, 1132 and 1133 of the French Civil Code are substantially the same as articles 1893, 1894 and 1895 of the Louisiana Civil Code, the only difference between the Codes being that the Louisiana Civil Code, articles 1890 to 1894 inclusive, go on to explain the meaning of cause" and when some contracts with certain causes are valid and when invalid, more in detail than the French Civil Code. In fact, the Louisiana Civil Code is, as a whole, based on the French Civil Code; and the California Civil Code is, as a whole, based on the Field Civil Code. In consequence a discussion of the likenesses and differences between the French and the Field Civil Codes substantially covers the same points as could be raised in regard to the likenesses and differences between the other two Codes. It is also well to remark that there is an additional section in the Indian Contract Act besides the section 27 hereinafter set forth in full and discussed, which covers the ground of illegal Contracts. This section is section 23. It is substantially the same as sections 1108 and 1131 of the French Civil Code and article 827 of the Field Civil Code. The quotation of 1 Voorhees' Rev. Civil Code La. (1889), pp. 355, 356. N this section 23 of the Indian Contract Act is omitted as Exhibit M.-The French Civil Code1 TABLE OF CONTENTS Title 8. Of adoption and officious Guardianship. Title 10. Of Minority, Guardianship and Emancipation sel Of Property and of Different Kinds of Ownership 1 We use the French Civil Code (Cachard's translation, New York, 1895). Besides this Code there are in France, the Code de Commerce, Penal Code, Code of Criminal Procedure, Code of Civil Procedure, etc., etc., making 21 Codes in all. The provisions of the French Code, relating to contracts in Restraint of Trade, are contained in the sections relating to Illegal Contracts. They are as follows: THE PROVISIONS OF THE FRENCH CIVIL CODE RELATING TO CONTRACTS IN RESTRAINT OF TRADE "Laws relating to public order and morals cannot be derogated from by private agreement.' (Civil Code of France, Preliminary Title, Article 6.) |