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to, 3099.

day the debtor is in default, ARBITRATION.
1939, 2771.

Defined, 3066.
The contract of annuity defined, Form and object of the submission
2764.

to arbitration, 3067, 3069, 3070.
Annuity may be either perpe Who may not make a submission,
tual or for life, 2765.

3068.
Rate of interest on annuity for Of the penalty generally agreed
life, 2766.

on by ihe submission, 3073.
Constituted annuity essentially How the subunission is put an end
redeemable, 2767.
In what cases the debtor may be V. Arbitralors, award.
compelled to redeem the same, ARBITRATORS.
from 2768 to 2770.

There are two sorts of arbritalors,
ANTICHRESIS.

3076.
A sort of pledge, 3101; defined, How their powers are limited
3102.

with respect to their extent on
Its form and effects, from 3143 duration, 3071, 3072, 3089,
to 3148.

3090, 3091.
APOTHECARIES.

Who
may

be appointed arbitra-
of their privilege for medicines

tors, or are excluded therefrom,

3074, 3075.
be them supplied to a deceased
person during his last sick-

How the arbitrators and amicable
ness, 3169.

compounders ought to determine
of the prescription of their ac-

the causes submitted to them,

3077.
tions in payment of the medi-
cines by them sold, 3503.

Of the oath to be taken by them,
APPARENT OR VISIBLE SER-

3078.
VITUDES.

Of the proceedings before the
What are the servitudes so called,

arbitrators, from 3079 to 3082.

Of the umpire to be appointed in
724.

case the arbitrators cannot agree,
How continuous and apparent ser-

and in what manner such umpire
vitudes are acquired by prescrip-

must act, from 3083 to 3086.
tion, 3470.

Of the duties imposed on arbitra-
APPLICATION AND CON-

tors, from 3088 to 3095, 3098.
STRUCTION OF THE LAWS.

How their powers espire, 3072,
Rules relative thereto, from 13

3090, 3091, 3099.
to 21.

In what manner ther shall give
APPRAISEMENT, APPRAI.

their award, from 3092 to 3095.
SERS, v. experts.

Of the homologation of the award,
APPRENTICES

and of the appeal claimed there-
Are a sort of free servants, 157.

from, 3096, 3097.
How apprentices may be enga-

ARCHITECTS. v. Undertakers.

ARREARAGES
ged, and of the form and effect
of their engagements, from 158

Of a rent charge, how prescri-

bed against, 3503.
to 163.
Are bound to fulfil their engage-

ASCENDANTS
ments, and when such engage-

Owe alimony to their descendants,

and vice versa , 245.
ments may be dissolved, from
164 to 166.

How ascendants are appointed to
How the master may correct his

dants, from 281 to 283.
apprentice, 167.
v. Engagement and master.

Of successions Calling to ascen-

dants, 899 to 906.
AQUEDUCI.

ASSIGNS.
( Right of) a sort of conventional

Wbal is the legal meaning of this
servitude, 707, 720.

word, 3522. no 5.

the tutorship of their descen-

ASSIGNMENT OR TRANSFER
of debts and other incorporeal

rights, from 2612 10 2624."
How the delivery is operated be-
tween the assignor and the as-
signee, as it regards third per-
sons, 2613.
of the effects of the want of such

transfer, 2614.
The transfer of a debt includes
the privileges and mortgages
which are attached to it, 2015.
Of the nature and extent of the
warranty to which the assignor
is liable, from 2616 to 2621.
How he against whom a litigious
right has been transferred, may
be released therefrom, 2622.
Esception to that rule, in what

cases, 2624.
When a right is said to be liti-

gious, 2023.
ATTORNEY AT LAW.
A counsellor or attorney at law is
not disqualified from being a
witness in the cause in which he
is employed , 2261.
The actions of counsellors or at-
torneys at law for their fees
and emoluments are prescribed
against by three years, 3503.
The actions of the parties against
their attorneys for the return of
the papers trusted to them, are
likewise prescribed against by
three years, 3504..
ATTORNEY IN FACT.
His duties , 2971, 2974.
His responsibility, 2972, 2975.
He is bound to render an account

of his management to his princi-
pal, 2973.
In what case he is answerable for
the person to whom he has sub.
stituted his powers, 2976, 2977.
The principal may even in that
case act directly against the sub-
stitute, 2978.
The attorney cannot go beyond
the limits of his procuration, and
in what cases he is not consi-
dered to have exceeded bis an-
thority , 2979, 2980.
The attorney is not responsible io
Those with whom he contracted
in that capacity, unless when

he has bound himsell' personally

towards them, 2981, 2982.
When there are several attorneys

in fact empowered by the same
act, they are not bound in solido,
298 3.
In what cases the attorney is bound
to pay interest to his principal,
2984.

AUCTION (Sale at). v. public
sales.

AUTHENTIC ACT.
When an act is considered as being

in an authentic form, 2231.
In what case an act which is defi-
cient as authentic, may avail as
a private writing, 2233.
The authentic act is full proof of
the agreement between the con-
tracting parties and thier assigns,
unless it be declared and proved
a forgery, 2233, 2235.
The acknowledgment of payment
in an authentic act cannot be con-
tested under the pretence of the
exception of non numerala pecu-
nia , 2234,

AUTHOR.
What is the meaning of this word,

3460.
The possessor is allowed to make
the sum of possession necessary to
prescribe, by adding to his own
possession that of his author,
3459.
AUTHORITY OF THE THING

ADJUDGED.
What are the necessary requisites
to give to a judgment the autho-
rity of the thing adjudged, 2269.

AWARD.
In what manner the arbitrators
must give their award, from 3090
to 3095.
The award, in order to be put in-
to execution, onght lo be homo-
logated or approved by the judge,
but without any inquiry into its
merits, except in case of appeal,

3096.
An award may be appealed from,
and low, 3097.
The arbitrators having once given
their award, cannot reliact or
change any thing in it, 3098.

IB

BENEFIT OF DISCUSSION.
The surety cannot be compelled to
pay the debt, but after ihe deb-
tor has been previously dis-

cussed or seized, unless the seca-
The heir who omitted by bad rity should have renounced the
faith to include in the inventory plea of discussion; rules relative
of the succession any effects be to that discussion, from 3014 to
longing to it, is ihereby de 3017, 3020.
prived of the benefit of inventory, How that discussion may be re-
1054.

quired by the third possessor
Effect of bad faith with respect to of the immoveable property or
the restitution of things unduly slaves subject to a mortgage,
received, 2289, 2290.

3366, 3367.
v.good faith, possessor.

BENEFIT OF DIVISION.
BAKERS.

A debtor in solido may be sued
Their claims for bread are privi separately without having a right
leged, 3158.

to plead 'thc benefit of division,
Such claims are prescribed against 2089.
by the lapse of one year, 3499, When several persons are securi-
3500.

ties for the same debt, any one
BANKRUPTCY, v. failure, of them may demand tbat the
failing circumstances.

creditor should divide his action,
BANKS OF A NAVIGABLE unless the securities bave renoun-
RIVER.

ced the benefit of division , 3018,
Their use is public, but their 3019.
property belongs to those who BENEFIT OF INVENTORY,

possess the adjacent lands, 446. Defined , 1025.
What is understood by the banks What is to be done by the heir
of a river or a stream, 448. who wishes to enjoy that bene-
BASTARDS.

fit, 1027, 1028.
Children are legitimate or bas- or the inventory to be taken in
tards; what is understood by bas- case the heir takes such benefit,
tards, 27.

from 1028 to 1033.
Bastards belong to no family, and After the inventory , an adminis-
are not submitted to paternal au- trator must be appointed ; and
thority, 254.

the preference is to be given to
v. adulterous , incestuous and the beneficiary heir, from 1034
illegitimate children.

to 1040.
BED OF A RIVER. v. river. Such administrators are bound to
BENEFICIARY HEIR.

give security, and what are their
Duties of the heir who wishes to other dutics, 1034, 1041, 1042,
enjoy the benefit of inventory, 1044; from 1055 to 1063.
1027, 1028, 1031.

Wbat are the advantages which
During the term for deliberating, the heir derives from the benefit
no judgment can be rendered of inventory, 1047.
against the beneficiary heir, 1045. BILATERAL OR RECIPRO-
At the expiration of the term for CAL CONTRACT, defined,
deliberating, the beneficiary heir 1758.BILLS OF EXCHANGE.
may be coiopelled to decide whe- Actions for the payment of bills
ther he accept or reject the suc of exchange or negociable notes,
cession, from 1048 to 1050. are prescribed against by five
Effect of the declaration of the years, 3505, 3506.
heir that he is willing to accept BONA FIDE POSSESSOR, v.
the succession only under the possessor.
benefit of inventory, 1051;

BOOKS.
v. benefit of inventory.

The books of merchants are good

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evidence against them, and so sidered as the mandatary of both,
are private books against him 2985.
who'bas written them, 2244, of the obligations and responsi-
2245.

bility of such agents, from 2986
BORROWER.

to 2989.
of the obligations of the borrower BROTHERS AND SISTERS.

for use, from 2869 to 2876. The representation is admitted in
How he must keep and preserve favour of the children and de-
the thing, 2869, 2870.

scendants of the brothers and sis-
of his responsibility with res-

ters of the deceased when they
pect to the thing lent, from 2870 come to the succession, in con-
to 2873.

currence with the uncles and
The borrower is not at liberty to

aunts, 893.
keep the thing by way of com How brothers or sisters, or their
pensation or set-off, 2874.

descendants, inherit their brother
He has no right to be reimbursed

or sister deceased, jointly with
of the expenses he was compel the father and mother of the de-
led to make in order to use the ceased , 899, 900, 907.
thing , 2875.

Brothers and sisters inherit to the
When several persons have joiat-

exclusion of other ascendants and
ly borrowed the same object, collaterals, 908.
they are bound in solido 1o the

BUILDINGS.
lender, 2876.

Lands and buildings and other
Engagements of the borrower for

constructions are immoveable by
consumption, from 2891 to 2893.

their nature, 455.
The borrower is obliged to re-

Every one is bound to keep his
store the thing lent in the same

building in good repair.
quantity aud condition, and at

Rights of action of the neighbour,
the place and time agreed on,
2891.

when a building threatens ruin,

666, 667.
If it be impossible for him to do

The owner of a building is an-
so, he is bound to pay the value

swerable for the damage caused
of the thing lent, 2892.
If he does not fulfil either of these

by its ruin, 2302, 2303.

BULK.
engagements, he is bound to

What is the legal meaning of
pay interest, 2893.
"BOUND SERVANTS . ser-

that word, 3522; no 6.
vants.

BUYER.
BOUNDS.

of the obligations of the buyer,
He who removes or pulls up

from 2527 to 2543.
bounds, is liable to damages,

Obligations of the buyer with res-
851.

peci to the payment of the price,
BRANCHES OF A FAMILY. from 2528 to 2530.
If one root has produced several

When the buyer is bound to pay
branches, how is the partition

the interest of the price, 2531,
of a succession to be made,

2532.

Obligations of the buyer, by which
BRANCHES OF A TREE. he is bound to receive delivery
Every proprietor in the cities may of the thing, and to remove it,
compel his neighbour to cut ofl 2533, 2534.
the branches and rools of the

of the In what cases the buyer may sus-
trees which extend on his estate,

pend the payment of the price,

pend the paya
687.

from 2535 to 2537.
BROKERS.

BUTCHERS.
The broker or intermediary who Their privilege, 3158.
is employed to negociate a mat. Their actions for supplies of meat
ter between two parties, is con are prescribed by one year, 3499.

894.

nation,

or to

Are subject to the same obliga-
tions which are imposed on ta-
vern keepers in the title of de-
posit, 2722.

Rules respecting their responsibi-
CADUCITY.

lity, 2724, 2725.
Of a testament or legacy, from

CASUAL CONDITIONS,
1490 to 1698.

Defined, 2016.
The testamentary disposition be-

CATTLE,
comes without effect , if the in Intended for the cultivation of
stituled heir or the legatee does

land, are immoveable by desti-
mot survive the testator, 1681.

459,
Of the effect of conditions annex If the usufruct consists of only
ed to a testamentary disposi-

one head of cattle which dies,
tion, 1691 , 1692.

the usufructuary is not bound
The legacy falls, if the thing be to return another,

pay

the
queathed has totally perished,

value of the same , 586.
1693, 1694.

What is his obligation when a
Difference in case of an alterna whole herd of caitle is subject to
tive legacy, 1695.

the usufruct, 587.
The testamentary disposition falls,

CAUSE.
when the instituted heir or the Prescription may be pleaded in
legatee rejects it, or is incapa-

every stage of a cause. 3127.
ble of receiving it, 1696.

CAUSE OF CONTRACTS.
So, by the birth of legitimate

An obligation without a cause,
children of the testator, poste-

or with a false or unlawful canse,
rior to its date, 1698.
CAPABILITY

can have no effect, 1887.
OF CON-

When the cause of a contract is
TRACTING.

considered as illicit, 1889.
How insane persons, slaves, mar-

What is meant by the cause of a
ried women and minors, are in contract,

1890.
capable of contracting, 1775,
1756.

An agreement is not the less ra-
Rules with respect to the incapa-

lid, though the cause be not ex-
city of interdicted persons. 1777,

.

effect the contract, 1892, 1893.

If the party can show the exis-

pressed', 1888.

When a contract is considered as
1781, 1782.-of minors, 1778,

being without cause, 1891.
from 1784 to 1789.- of married

Where the consideration or cause
women, 1779, 1780, and from

of a contract exists at the time
1784 to 1789.

1783.
of the persons who are depri-

of making it, but afterwards

fails, in what cases it will not
ved of the enjoyment of their
civil rights, 1590. v. interdic-
ied persons, married women,

tence of a true consideration, the
minors and slaves.

contract cannot be invalidated,
CAPTATION.

though the contract be one that
Proof is not admitted of the testa-

did not exist, 1894.
mentary dispositions having been

CAUSES WHICH DISPENSE
made through hatred, anger,

OR EXCUSE FROM THE
suggestion or captation, 1479.

TUTORSHIP, from 319 to 321.
CAPTURES FROM THE Who are the persons dispensed or

ENEMY.
Are one of the five ways of ac-

excused by the nature of their

offices, from 312 to 314.
quiring properly, by occupancy,

Persons who are not relations of
and are regulated by the law of

the minor, or who are related to
nations, 3377, 3388.

him only beyond the fourth de-
CARRIERS AND WATER-

gree, cannot be compelled to
MEN

accept the tutorship, 315.

of slaves,

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