International law; Natural law; War (International law)
In doubtful cases, it is reasonable to suppose that it was the
intention of the promiser, that the commission which he gave should
be executed, unless some great change, as for instance, his own death
should occur. Yet reasons in favour of a contrary opinion may easily
be found and admitted, especially with respect to pious donations,
which, at all events, ought to stand good. And in the same manner may
be decided the long disputed question, whether an action on account of
such a bequest could be brought against the heir. Upon which the author
of the second book to Herennius says, that Marcus Drusus the praetor
decided one way, and Sextus Julius another.
XVIII. The acceptance of a promise for a third person is a matter
subject to discussion, in which there is a distinction to be observed
between a promise made to a person of a thing, which is to be given to
another, and a promise made directly to the person himself, on whom
the former is to be conferred. If a promise is made to any one, where
his own personal interest is not concerned, a consideration introduced
by the Roman law, by acceptance he seems naturally to acquire a right
which may be transferred to another for HIS acceptance, and this right
will pass so fully, that in the mean time the promise cannot be revoked
by the person who gave, though it may be released by him who received
it. For that is a meaning by no means repugnant to the law of nature,
and it is entirely conformable to the words of such a promise; nor can
it be a matter of indifference to the person, through whom another is
to receive a benefit.
But if a promise is made directly to one, on whom a thing is to be
conferred, a distinction must be made, whether the person receiving
such a promise has SPECIAL commission for acceptance, or one so GENERAL
as to include acceptance, or has it not. When a commission has been
previously given, no farther distinction is necessary, whether the
person be free or not, a condition which the Roman laws require. But it
is plain that from such an acceptance, let the condition of the person
be what it will, the promise is complete: because consent may be given
and signified through the medium of another. For a person is supposed
to have fully intended, what he has put into the power of another to
accept or refuse.
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