ARBITRATION. Defined, 3066.
Form and object of the submission to arbitration, 3067, 3069, 3070. Who may not make a submission, 3068.
Of the penalty generally agreed on by the submission, 3073. How the submission is put an end to, 3099.
v. Arbitrators, award. ARBITRATORS.
There are two sorts of arbritators, 3076.
How their powers are limited with respect to their extent or duration, 3071, 3072, 3089, 3090, 3091.
Who may be appointed arbitra- tors, or are excluded therefrom, 3074, 3075.
How the arbitrators and amicable compounders ought to determine the causes submitted to them, 3077.
Of the oath to be taken by them, 3078.
Of the proceedings before the arbitrators, from 3079 to 3082. Of the umpire to be appointed in case the arbitrators cannot agree, and in what manner such umpire must act, from 3083 to 3086. Of the duties imposed on arbitra- tors, from 3088 to 3095, 3098. How their powers expire, 3072, 3090, 3091, 3099.
In what manner they shall give their award, from 3092 to 3095. Of the homologation of the award, and of the appeal claimed there- from, 3096, 3097.
ARCHITECTS. v. Undertakers. ARREARAGES
Of a rent charge, how prescri- bed against, 3503.
Owe alimony to their descendants, and vice versa, 245. How ascendants are appointed to the tutorship of their descen- dants, from 281 to 283.
Of successions falling to ascen- dants, 899 to 906.
What is the legal meaning of this word, 3522. no 5.
The transfer of a debt includes the privileges and mortgages which are attached to it, 2615. 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. Exception to that rule, in what cases, 2624.
When a right is said to be liti- gious, 2623.
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, 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 his au- thority, 2979, 2980.
The attorney is not responsible to those with whom he contracted in that capacity, unless when
he has bound himself personally towards them, 2981, 2982. When there are several attorneys in fact empowered by the same act, they are not bound in solido, 2983.
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.
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, ought to be homo- logated or approved by the judge, but without any inquiry into its merits, except in case of appeal,
An award may be appealed from, and how, 3097. The arbitrators having once given their award, cannot retract or change any thing in it, 3098.
The heir who omitted by bad faith to include in the inventory of the succession any effects be- longing to it, is thereby de- prived of the benefit of inventory, 1054.
Effect of bad faith with respect to the restitution of things unduly received, 2289, 2290.
v. good faith, possessor. BAKERS.
Their claims for bread are privi- leged, 3158.
Such claims are prescribed against by the lapse of one year, 3499, 3500.
BANKRUPTCY, v. failing circumstances.
BANKS OF A NAVIGABLE RIVER.
Their use is public, but their property belongs to those who possess the adjacent lands, 446. What is understood by the banks of a river or a stream, 448. BASTARDS.
Children are legitimate or bas- tards; what is understood by bas- tards, 27.
Bastards belong to no family, and are not submitted to paternal au- thority, 254.
v. adulterous, incestuous and illegitimate children.
BED OF A RIVER. v. river. BENEFICIARY HEIR. Duties of the heir who wishes to enjoy the benefit of inventory, 1027, 1028, 1031.
During the term for deliberating, no judgment can be rendered against the beneficiary heir, 1045. At the expiration of the term for deliberating, the beneficiary heir may be compelled to decide whe- ther he accept or reject the suc- cession, from 1048 to 1050. Effect of the declaration of the heir that he is willing to accept the succession only under the benefit of inventory, 1051; v. benefit of inventory.
BENEFIT OF DISCUSSION. The surety cannot be compelled to pay the debt, but after the deb- tor has been previously dis- cussed or seized, unless the secu- rity should have renounced the plea of discussion; rules relative to that discussion, from 3014 to 3017, 3020.
How that discussion may be re- quired by the third possessor of the immoveable property or slaves subject to a mortgage, 3366, 3367.
BENEFIT OF DIVISION. A debtor in solido may be sued separately without having a right to plead the benefit of division, 2089.
When several persons are securi- ties for the same debt, any one of them may demand that the creditor should divide his action, unless the securities have renoun- ced the benefit of division, 3018, 3019.
BENEFIT OF INVENTORY, Defined, 1025.
What is to be done by the heir who wishes to enjoy that bene- fit, 1027, 1028.
Of the inventory to be taken in case the heir takes such benefit, from 1028 to 1033.
After the inventory, an adminis- trator must be appointed; and the preference is to be given to the beneficiary heir, from 1034 to 1040.
Such administrators are bound to give security, and what are their other dutics, 1034, 1041, 1042, 1044; from 1055 to 1063. What are the advantages which the heir derives from the benefit of inventory, 1047.
BILATERAL OR RECIPRO- CAL CONTRACT, defined, 1758. BILLS OF EXCHANGE. Actions for the payment of bills of exchange or negociable notes, are prescribed against by five years, 3505, 3506.
BONA FIDE POSSESSOR, v. possessor.
The books of merchants are good
evidence against them, and so are private books against him who has written them, 2244, 2245.
Of the obligations of the borrower for use, from 2869 to 2876. How he must keep and preserve 2870. the thing, 2869, Of his responsibility with res- pect to the thing lent, from 2870 to 2873.
The borrower is not at liberty to keep the thing by way of com- pensation or set-off, 2874.
He has no right to be reimbursed of the expenses he was compel- led to make in order to use the thing, 2875.
When several persons have joint- ly borrowed the same object, they are bound in solido to the lender, 2876.
Engagements of the borrower for consumption, from 2891 to 2893. The borrower is obliged to re- store the thing lent in the same quantity aud condition, and at the place and time agreed on, 2891.
If it be impossible for him to do so, he is bound to pay the value of the thing lent, 2892.
If he does not fulfil either of these engagements, he is bound to pay interest, 2893.
BOUND SERVANTS V.
He who removes or pulls up bounds, is liable to damages,
sidered as the mandatary of both, 2985.
Of the obligations and responsi- bility of such agents, from 2986 to 2989.
BROTHERS AND SISTERS. The representation is admitted in favour of the children and de- scendants of the brothers and sis- ters of the deceased when they come to the succession, in con- currence with the uncles and aunts, 893.
How brothers or sisters, or their descendants, inherit their brother or sister deceased, jointly with the father and mother of the de- ceased, 899, 900, 907.
Brothers and sisters inherit to the exclusion of other ascendants and collaterals, 908.
Lands and buildings and other constructions are immoveable by their nature, 455.
Every one is bound to keep his building in good repair.
Rights of action of the neighbour, when a building threatens ruin, 666,667.
The owner of a building is an- swerable for the damage caused by its ruin, 2302, 2303.
Of a testament or legacy, from 1490 to 1698.
The testamentary disposition be- comes without effect, if the in- stituted heir or the legatee does not survive the testator, 1681. Of the effect of conditions annex- ed to a testamentary disposi- tion, 1691, 1692.
The legacy falls, if the thing be- queathed has totally perished, 1693, 1694.
Difference in case of an alterna- tive legacy, 1695.
The testamentary disposition falls, when the instituted heir or the legatee rejects it, or is incapa- ble of receiving it, 1696. So, by the birth of legitimate children of the testator, poste- rior to its date, 1698.
CAPABILITY OF CON- TRACTING. How insane persons, slaves, mar- ried women and minors, are in- capable of contracting, 1775, 1776.
Rules with respect to the incapa- city of interdicted persons. 1777, 1781, 1782.-of minors, 1778, from 1784 to 1789.-of married women, 1779, 1780, and from 1784 to 1789. of slaves, 1783. of the persons who are depri- ved of the enjoyment of their civil rights, 1790. v. interdic- ted persons, married women, minors and slaves.
Proof is not admitted of the testa- mentary dispositions having been made through hatred, anger, suggestion or captation, 1479.
CAPTURES FROM THE ENEMY.
Are one of the five ways of ac- quiring property by occupancy, and are regulated by the law of nations, 3377, 3388.
CARRIERS AND WATER- MEN
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- lity, 2724, 2725.
CASUAL CONDITIONS, Defined, 2016. CATTLE,
Intended for the cultivation of land, are immoveable by desti- nation, 459.
If the usufruct consists of only one head of cattle which dies, the usufructuary is not bound to return another, or to pay the value of the same, 586.
What is his obligation when a whole herd of cattle is subject to the usufruct, 587. CAUSE.
Prescription may be pleaded in every stage of a cause. 3427.
CAUSE OF CONTRACTS. An obligation without a cause, or with a false or unlawful canse, can have no effect, 1887. When the cause of a contract is considered as illicit, 1889. What is meant by the cause of a contract, 1890.
An agreement is not the less va- lid, though the cause be not ex- pressed, 1888.
When a contract is considered as being without cause, 1891. Where the consideration or cause of a contract exists at the time of making it, but afterwards fails, in what cases it will not effect the contract, 1892, 1893. If the party can show the exis- tence of a true consideration, the contract cannot be invalidated, though the contract be one that did not exist, 1894.
CAUSES WHICH DISPENSE OR EXCUSE FROM THE TUTORSHIP, from 319 to 321. Who are the persons dispensed or excused by the nature of their offices, from 312 to 314.
Persons who are not relations of the minor, or who are related to him only beyond the fourth de- gree, cannot be compelled to accept the tutorship, 315.
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