Слике страница
PDF
ePub

TITLE XXIV.

Of the Signification of sundry Terms of Law

employed in this Code.

ART. 3522.-Wherever the terms of law, employed in this Code, have not been particularly defined therein, they shall be understood as follows :

1. The musculine gender comprehends the two sexes, wherever the provision is not one, which is evidently made for one of them only;

Thus, the word man or men includes women : the word son or sons includes daughters; the words he, his and such like, are applicable to both males and females.

2. The singular is often employed to designate several persons or things: the heir, for example, means the heirs, where there are more than one.

3. Absentee is the person who has resided in the Stale, and has departed without leaving any one to represent him.

It means also the person, who never was domiciliated in the State, and resides abroad.

In matters of succession, the heir, whose residence is not known, is deemed an absentee.

4. By Advertisements, in cases where they are required by law to be given, it is understood that the advertisements are not only to be posted up in the usual places, but published in the newspapers, where such are printed.

5. Assigns, means those to whom rights have been transmitted by particular tille, such as sale, donation, legacy, transfer or cession.

6. Búlk, is said of that which is neither counted, weighed nor measured. A sale by the bulk is the sale of a quantity such as it is, without measuring, counting or weighing.

7. Fortuitous event, is that which happens by a cause which we cannot l'esist.

8. Certain, uncertain. In matter of obligations, a thing is certain, when its essence, quality and quantity, are sufficiently described, such as one hundred dollars, such a house, or such a horse.

It is uncertain, when the description is not that of an individual object, but designates only the kind, such as some corn, some wine, a horse.

9. Thing adjudged, is said of that which has been decided by a final judgment, from which there can be no appeal, either because the appeal did not lie, or because the time fixed by law for appealing is elapsed, or because it has been confirmed on the appeal.

10. Contribution is said of the partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his property, proportionably to the amount of their respective credits.

11. Obligee or creditor, is the person in favour of whom some obligation is contracted, whether such obligation be to pay a sum of money, or to do, or not to do something.

12. Obligor or debtor, is the person who has engaged to perform some obligation.

13. Discretion. When it is said that something is left to the discretion of the judge, it signifies that he ought to decide according to the rules of equity and the nature of circumstances. • 14. Children. Under that name are comprehended, not only the children of the first degree, but the grandchildren, great-grand-children, and all other descendants in the direct line.

Natural children, even though recognized, make no part of the children properly so called, unless they have been legitimated.

15. Failure signifies the situation of a debtor, who finds himself in the impossibility of paying his debts.

16. Family, in a limited sense, signifies the father, mother, and children. In a more extensive sense, it comprehends all the individuals who live under the authority of another, and includes not only the servants, but also the slaves of the father of family.

It is also employed to signify all the relations who descend from a common root.

17. Fault. There are in law three degrees of faults : the gross, the slight, and the very slight fault.

The gross fault is that which proceeds from inexcusable negligence or ignorance : it is considered as nearly equal to fraud.

The slight fault is that want of care, which a prudent man usually takes of his business.

The very slight fault is that which is excusable, and for which no responsibility is incurred.

18. Sons, daughters. These words, though generally applicable only to the children of the first degree, are sometimes used to signify all the descendants in the direct line.

19. Force means the effect of a power which cannot be resisted.

Superior force. Those accidents are said to be caused by superior force, which human prudence can neither oresee nor prevent.

20. Judge. The word judge, as employed in this Code, means always the competent judge. It is also used 10 signify the court, whether it be composed of the judge alone, or of the judge and jury.

21. Inofficious. Those dispositions, which fathers and mothers and other ascendants make of their property o the prejudice of their descendants, bey ond the pro

portion reserved to them by law, are called inofficious.

22. Litigious rights are those which cannot be exercised without undergoing a lawsuit.

23. Notification, notice, is the information given in writing of some act done, or the interpellation by which some act is required to be done."

24. Onerous. The title is said to be onerous, when it is acquired for a certain price, or under certain charges. It is the contrary of the lucrative title.

25. Person is applicable to men and women, or either.

26. Posterity comprehends all the descendants in the direct line.

27. Precarious. That possession is called precarious, which one enjoys by the leave of another, and during his pleasure.

The title, which excludes the ownership, such as a lease, is also called precarious.

28. Solvency is the ability to pay one's debts. He who cannot pay all that he owes, is not solvent.

29. Successor is, generally speaking, the person who takes the place of another.'

There are in law two sorts of successors; the successor by universal title, such as the heir, the universal legatee and the legatee by universal title; and the successor by particular title, such as the buyer, donee or legatee of particular things, the transferree.

The universal successor represents the person of the deceased, and succeeds to all his rights and charges.

The particular successor succeeds only to the rights appertaining to the thing which is sold, ceded or bequeathed to him.

30. Tacit is said of that which, although not expressed, is understood from the nature of the thing, or from the provision of the law. 31. Such as, are words employed to give some example of a rule, and is never exclusive of other cases which that rule is made to embrace.

32. Third persons, with respect to a contract or judgment, are all who were not parties to it. In cases of failure, third persons are particularly the creditors of the debtor, who contracted with him without knowledge of the rights which he had transferred to another.

THE END.

« ПретходнаНастави »