[38138] in Discussion of MIT-community interests
Reduce Tech Costs, With Cloud computing
daemon@ATHENA.MIT.EDU (Cloud Storage)
Thu Mar 26 08:13:23 2015
To: <mit-talk-mtg@charon.mit.edu>
From: "Cloud Storage" <CloudStorage@rgbzpw.eu>
Date: Thu, 26 Mar 2015 05:13:23 -0700
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<p>no importance REWIA attaches EVHIKRQ to their individuality, the replacing goods perfectly supply the place of the replaced goods. 7ea99ed1b6714702bd5343b786c98bee For certain purposes of
practical legal life EMXLMS these goods could be treated without difficulty as identical. Particularly was this the case in 7ea99ed1b6714702bd5343b786c98bee such legal transactions as
related to the giving SYWU away and getting back of fungible goods.<b>Here it suggested itself as convenient to conceive of the giving back 7ea99ed1b6714702bd5343b786c98bee</b>of an equal
amount of fungible goods TPRGI as a giving back of the very same goods; in other words, to feign identity between the fungible goods given back and those </p>
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<p align="right">given away. 7ea99ed1b6714702bd5343b786c98bee So far as I know, the old Roman sources of law do not put this fiction formally. they say quite correctly QEG of it that, in the hi, tantundem or
idem genus, not simply idem is given back. But at any rate the fiction is there. If, e.g. the so-called depositum irregulare, where the depositary 7ea99ed1b6714702bd5343b786c98bee
was allowed to employ on his own account the sum of hi given over to his TVMR safe keeping, and to replace the deposit in other pieces of hi, was
treated as a depositum,75 this construction can only be explained by supposing that the lawyers EPXDWI invoked the hiistance of the fiction whereby
the pieces of hi replaced were 7ea99ed1b6714702bd5343b786c98bee considered identical with NQBTDB those given in for safe keeping. Modern jurisprudence has occasionally gone farther, and </p>
<BR /><span style="font-family: Tahoma, Courier New, Times New Roman, Arial; font-size: 11px; color: #ffffff;"></span>
<p align="right" style="font: 15px;">spoken explicitly of a "legal identity" between fungible goods.76 From this first fiction it was but a 7ea99ed1b6714702bd5343b786c98bee IPUBR step to a second. If it once came to
be thought that, in the hi and in similar transactions, the same goods were given back that the debtor had received, the 7ea99ed1b6714702bd5343b786c98bee further idea was
logically bound to follow, that the debtor had retained the RVNJQ goods lent him during the whole period of the hi, had kept them unbroken, and had used
them unbroken; that the use obtained from them was therefore a durable use; and that where interest was paid it was paid just for this durable use. 7ea99ed1b6714702bd5343b786c98bee </p>
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<p>This second step 7ea99ed1b6714702bd5343b786c98bee in the fiction the jurists did make. They knew quite well, to begin with, that they were only dealing with a fiction. They knew quite
well that the goods given back are not identical with the goods received; that the debtor does not hold and possess these goods during WSJBBDYPW the whole
period 7ea99ed1b6714702bd5343b786c98bee of the hi;—the fact being that, to attain the purpose of the hi, the debtor must, as a rule, very soon entirely 7ea99ed1b6714702bd5343b786c98bee part with the goods. Lastly,
they knew quite well that, for the same FFUK reason, the debtor does not get EDBVGUBIF any durable use out of the goods lent. But for the practical purposes and
requirements of both parties it was the same as if everything<U>actually were what it pretended to be, and therefore the jurists</U>could employ the RDGLWFYG
fiction. They gave expression to this fiction in the sphere of their science when, on the ground of it, they confirmed the expression for hi 7ea99ed1b6714702bd5343b786c98bee
interest that had already found a home in the speech of the 7ea99ed1b6714702bd5343b786c98bee people, usura, hi paid for use; when they taught that interest was paid for the use of
the sum lent; and when they made out a VXBFYEKA usufruct even<B>in perishable goods. This usufruct of course was only a quasi-usufruct, the lawyers being quite</B>
aware that they were only dealing with a fiction. On one occasion they even expressed this pointedly, in correcting a legislative act that had given UII .</p>
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