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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.

ASCENDANTS

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.

ASSIGNS.

What is the legal meaning of this
word, 3522. no 5.

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transfer, 2614.

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

3504.

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.

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, ought to 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 how, 3097.
The arbitrators having once given
their award, cannot retract or
change any thing in it, 3098.

B

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.

failure,

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.

BOOKS.

The books of merchants are good

evidence against them, and so
are private books against him
who has written them, 2244,
2245.

BORROWER.

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.

vants.

BOUNDS.

ser-

He who removes or pulls up
bounds, is liable to damages,

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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.

BUILDINGS.

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.

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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.

-

CAPTATION.

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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