Page:Sphere and Duties of Government.djvu/166

This page has been proofread, but needs to be validated.
146
SPHERE AND DUTIES OF GOVERNMENT.

tions of this nature, to decide on some order of succession ab intestato, and to affix the portion due to the testator's family.

7. Although contracts concluded by living persons pass over to their heirs, and must be fulfilled towards them, inasmuch as they modify what is left behind, the State should not only prevent the further extension of this principle, but it would be expedient to limit certain single contracts which give rise to intimate and restrictive relations between the parties (as, for instance, the division of rights in one thing among several persons) to the period of life only; or, at least, to facilitate their dissolution by the heirs of one or the other party. For although the same reasons do not apply as in the previous case of personal relations, yet the will of the heirs is less free, and the continuance of the relation indefinitely long.

Should I have succeeded in fully conveying my views by the recapitulation of these principles, they will serve to point out the true course to be pursued in all those cases which relate to the provisions for security designed by civil legislation. It is for this reason, for instance, that I have omitted all mention, in this recapitulation, of those incorporate bodies to which I referred; since, according to the origin of such societies in testament or contract, they are to be judged of by the principles established with respect to these. I cannot help feeling, however, that the very number and variety of the cases which come under the head of civil law, forbid my priding myself on any presumed success in this design.