Слике страница
PDF
ePub

attended a deceased person in his
last sickness, 3158, 3169.
The actions of surgeons for their
charges, are prescribed against
by three years, 3503.

SURVEYORS.
Of their duties when they are call-
ed to fix the limits of two con-
tiguous lands or more, from 829
to 833.
SURVIVING HUSBAND AND

WIFE.
In what case the surviving hus-
band or wife inherit the estate
of the deceased, and in what mag-
ner he or she must be put in pos-
session of such estate, 918, and
from 923 to 926.

SURVIVORSHIP.
Of the presumption of survivor-
ship, when two or more persons
have perished in the same event,
from 930 to 933.

SYNALLAGMATIC.
Of synallagmatie of bilateral con-
tracts, 1758.

Of the rescission of partitions, from
1435 to 1462.

v. Testamentary successions
or testaments.
SUCCESSOR.
What is meant by successor, 3522.
No. 29.

SUCH AS.
These words used to give some
examples, are never exclusive of
other cases to which the rule may
apply, 3522. No. 31.
SUGGESTION. v. Captation.

SUPERINTENDANT.
of the superintendant, who is
named to the interdicted insane
person, in order to see in what
manner he is treated, and report
to the judge, 411.

SUPPLIES OF PROVISIONS.
The claims for supplies of provi-
sions are privileged; how, 3158,
from 3175 to 3180.
Such claims are prescribed against
by one year, 3499.

SUPPORT (Right of ).
A sort of urban servitude, 707; in

what it consists, 708.
SURETY, v. Security.

SURETYSHIP.
Of the nature and extent of surety

ship, from 300-4 to 3013.
Who may be surety for another,
and rules relative to that contract,
3004 to 3013.
of the effeets of suretyship be-
tween the creditorand the surely,
from 3014 to 3020.
of the effects of suretyship be-
tween the debtor and the surety,
from 3021 to 3026.
of the effects of suretyship be-

tween the sureties, 3027.
Of tbe extinction of suretyship,

from 3028 to 3032.
of the legal and judicial soreties,
from 3033 to 3037.

SURGEONS.
A surgeon cannot derive any be-
nefit from a donation inter vivos
or mortis causa made to him by
a person whom he attended in
his last sickness, except in cer-
tain cases, 1476.
Surgeons have a privilege for the
charges due them for having

[blocks in formation]

performance of an obligation, is Rules applicable to all testaments,
called term, 2043,

1568, 1582, 1583.
Of limited and unlimited obliga- or the persons who are absolutely
tions as to the term of their per incapable of being witnesses to

formances, from 2043 Lo 2056. a testament, 1583.
Of the term for deliberating; what Testaments ( the mystic only ex-

is understood thereby, 1026. cepted ) cannot be witnessed by
What is to be done by the heir those who are instituted heirs or

who wishes to enjoy the term for damed legatees therein, 1585,
deliberating, 1021, 1028.

1586.
What are the duties of the judge, What is understood by the resi-
when the heir claims a term to dence of the witnesses in the
deliberate, from 1031 to 1040. place where the testament is exe-
What is the time which is allowed cuted, 1587.
to the heir to deliberate whether The formalities to which testa-
he will accept or reject the sac ments are subject, inust be
cession, 1043.

strictly observed, 1588. ,
During the term for deliberating, How testaments made in foreign
no judgment can be rendered countries, or in the other states
against the heir; what may be of the Union may take effect
done in the mean time by the here, 1589.
creditors, 1046.

Of particular rules on the form of
At the expiration of the term for testaments made by persons em-

deliberating, the creditors may ployed in armies on the field, or
compel the heir to decide when in a military expedition, from
ther he accepts or rejects the suc 1590, 1593.
cession; how, 1048.

Of testaments made at sea, from
Prescription runs during the term 1594 to 1597.
for deliberating, 3493.

Of testamentary dispositions,
v. Beneficiary heir, benefit 1598.
of inventory

Of universal legacies, from 1599
TESTAMENT

to 1603.
Defined, 1564.

Of legacies onder an universal
No disposition mortis causa shall title, from 1604 to 1608.
be henceforth made otherwise of disinherison, from 1609 to
than by last will or testament, 1617.
1563.

of particular legacies, from 1618
A testament cannot be made by to 1636.
the same act, by two or more Of the opening and proof of tes-
persons, 1565.

taments, from 1637 to 1650, 1681,
The custom of willing by testa 1682.
ment by the intervention of a Of testamentary executors, from
commissary or attorney in fact, 1651 to 1680.
is abolished, 1566.

. Of the revocation of testaments
General rules on the form of tes-

and of their caducity, from 1683
taments, from 1567 to 1589. .

to 1704.
The custom of making verbal tes.

General rules for the interpreta-
taments, is abrogated, 1559.

tion of legacies, from 1705 to
Of the several kinds of testainents,

1716.
1567.
How nuncupative testaments must

v. Disinherison, legacies, mys-
be made, from 1570 to 1576.

tic, nuncupative andolographic
How the mystic or secret testa-

testaments, testamentary exe-

cutor's,
ment must be mads, from 1577
to 1580.,

TESTAMENTARY DISPOSI-
How the olographic testament

TIONS, 1598.
must be made, 1580.

8. Legacies,

TESTAMENTARY EXE-

CUTORS.
The testator may name one or
more testamentary executors; for
what purpose, 1651.
The testator may give bis testa-
mentary executor the seizin of
"the whole or a part of his suc-
cession; in what manner, and
how long such seizin lasts, 1652,

1653, 1646.
Who cannot be testamentary exe-

color, 1656, 1658.
How a married woman may be a

testamentary executor, 1657.
of the duties of the testamentary
executor, and of the account he
is bound to render of his admi-
Distration, from 1659 to 1663,
and from 1665 to 1669.
The testamentary executor is not
bound to accept the executor-
ship, nor to give security when
he does accept it, 1670.
In what case the judge may ap-
point a testamentary executor,
and how, 1672.
The powers of the testamentary
executor do not go to his heirs,

1673.
When there are several testamen-
tary executors who have accept-
ed, in what 'manner they may
act, and how they are bound in
solido, 1674.
Of the expenses made by the exe-
cutor which must be defraved
out of the succession, and of the
commission allowed to him, from
1675 to 1680.
TESTIMONIAL OR ORAL

PROOF.
The sale or transfer of immoveable
property or slaves, cannot be
proved by oral testimony, except
in certain cases, 2255.
No parol evidence can be admitted
against or beyond what is con-
tained in the acts, 2256.
How agreements relative to per-
sonal property may be proved
by oral evidence, 2257.
of the oral eridence which is ad-
milled in cases where a wrilten
instrument has been lost or de.
stroyed, 2258, 2259.
Who are the competent witnesses

who may be admilted in civil
matters, from 2260 to 2262.
F. Witness.

THING ADJUGED.
A legal presumption resnlts from
the authority of the thing adjudg-
ed, 2264.

THINGS.
of the division of things, from
439 to 452.
of things which are for the com-
mon use of every body, from 441

to 443.
of public things, from 444 to

446.
of things holy, sacred and reli-

gious, 447.
Or things which belong in com-
mon to the inbabitants of cities
or other places, 449.
of private estates, 450.
Of corporeal and incorporeal

things, 451.
Of immoveables, from 453 to 463.

v. Immoveables.
Of moveables, from 464 to 472.

v. Moveables.
of things on estates considered in
their relation to those who pos-
sess them, from 473 to 479.

THIRD PERSONS.
What is meant by third persons,
3522. no 32.

THIRD POSSESSORS.
of the effect or mortgages against
third possessors, and of the hy-
pothecary action, from 3362 to
3373.
THREATS. «. Violence.
TITLE. v. Just tille.
TRADITION. v. Delivery.
TRANSACTION OR COM-

PROMISE
Defined, and its form, 3038.
Who is and who is not capable of

making a compromise, 3039.
What differences are deemed to
be regulated by the compromise,

3040, 3041.
Of the penalty which may be add-
ed to the compromise in order
to enforce its execution, 3042.
of the effect of a compromise,

from 3043 to 3045.
A compromise cannot be rescind-
ed on account of error in law,
or of læsion, 3045.

For what other causes coinpro-
mises may be annulled or not,
from 3046 to 3050.

TRANSFER
v. Assignment.

TREASURE.
The usufructuary has no right to
the treasure which may be disco
vered in the land of which he
has the usufruct, unless he him-
self has discovered it, 546.
of the right of him who finds a
treasure in his own land, or on
land belonging to nobody or to
other persons, 3386.

TREBELLIANIC PORTION.
The instituted heir has no longer
any right to the trebellianic por-
tion, 1507.

TREES.
Standing trees, and their fruits not
gathered, are considered as im-
moveable; wben cut down they
are moveable, 456.
The usufructuary may cut trees
on the land of which he has the
usufruct, for the amelioration

and cultivation of the land, 544.
No proprietor in the cities can
plant trees on the boundary line
which separates bis estate from
that of his neighbour, 687.
If the neighbour suffers any dam-
age from them, he may oblige
the owner to have them torn up,
or the branches or roots of them
cut off; how, 687.,

TUTOR.
of the duties of the tutor by na-
ture, 269,
The tutor by will is not compel-

led to accept the tutorship, 277.
Of the duties of the dative tutor,

293.
Of his powers and functions, from

297 to 299.
Who are the persons incapable of

being tutors, 322.
Who are the persons who are ex-
cluded, or who may be removed
from tutorship, from 323 to 326.
of the administration of tutors in

general, from 327 to 356.
A tutor must take care of the per-

son of the minor, and represents
him in all civil acts, 327.
lle must administer the minor's

estale as a prudent administra-
tor, 327.
He cannot purchase, lease or bire

the property of the minor, 327.
of the oath he must také, 328.
or the inventory which the tutor
must make, and of the surety he

is bound to give, from 329 to 332,
How and when the tutor must
cause the moveable effects of the
minor to be sold, 333.
In what case the immoveables and
slaves of the minor may be sold,
and with what formalities, from

334 to 339.
How the tutor may let out the
property of the minor, and how
he must invest the revenues
which exceed the expenses of
his ward, 340, 341.
How the expenses for the support
and education of the minor ought
to be regulated, 343..
Of the commission allowed to the

tutor, 343.
How the tutor administers the af-

fairs of his ward, 344.
How he may accept or reject the
successions which have fallen to
his ward, from 345 to 347.
How he may borrow money, pur-
cbase immoveables and slaves, or
compromise for the minor, 348.
How he may accept bargains and

donations made to his ward, 349.
The tutor cannot in any case dis-
pose gratuitously of the moveable
or immoveable property of the
minor or any part thereof, 349.
Of the account he is bound to

render, from 350 to 353.
How the property of the tutor is
tacitly mortgaged in favour of
the minor, and from what time,
354.
Every agreement made between
the tutor and the minor who has
arrived at the age of majority, is
null, unless the same was entered
into after the rendering of a full
account of the tutor's adminis-
tration, 355.
The action of the minor against
his tutor respecting the acts of
tutorship, is prescribed by four
years, 356.
v. Tutorship.

311.

TUTORSHIP.

fall to ruin either in part or in
General dispositions thereon, whole, on account of the bad-
from 263 to 266.

ness of the workmanship, and
There are four sorts of tutorships, how long it lasts, 2733.
264.

The undertaker or other work-
Of tutorship by nature, from 267 man, who has agreed to make a
to 274.

building by the job according to
of tutorship by will, from 275 a plot, cannot claim an increase
to 280.

of the price on the plea of the ori-
Of tutorship by the effect of the ginal plot having been changed
law, from 281 to 287.

and extended, except in certain
Of dative tutorship, from 288 to cases, 2734, 2735.
289.

How the proprietor bas a right to
of the under tutor, from 300 to cancel at pleasure the bargain he
304.

has made, even when the work
v. Under tutor.

has already been commenced,
Of family meetings, from 305 to

2726.

Contracts for hiring out work are
v. Family meetings.

cancelled by the death of the un-
of the causes which dispense or dertaker or workman, unless the
excuse from the tutorship, from proprietor consent that the work
312 to 321.

be continued, 2737.
v. Causes.

Obligations of the proprietor in
Of the incapacity for, the exclu- either case, 2738. -
sion from, and deprivation of The undertaker is responsible for
tutorship, from 322 to 326. the deeds of the persons employed
v. Removal,

by him, 2739.
Of the administration of the tutor, of the liability of the undertaker
from 327 to 356.

in case he fails to do the work he
v. Tutor, Curator of minors. has contracted for, or does not

execute it in the manner and at

the time agreed on, 2740.
U

of the privilege of the undertaker
for the payment of his labour,

2743.
UMPIRE.

of the recording of agreements or
Of the umpire who is appointed undertakings for work when they
in case the arbitrators cannot exceed five hundred dollars, 2746.
agree, from 3083 to 3086.

v. Plots for buildings, work-
UNDERTAKER.
Of the right of the undertaker or UNDER TENANT OR UNDER
workman who has made, at the LESSEE.
instance of the usufructuary, any The privilege of the lessor affects,
building or work or improvement not only the moveables of the
on the property, and who is un- lessee, but those of the under
paid at the expiration of the usua, lessee and other persons, when
fruct, from 591 to 593.

their goods are contained in the
An undertaker may agree either house or store, 2677.
to furnish his work and industry UNDER TUTOR.
alone, or to furnish also the ma- In every tutorship there must be
terials, 2728.

an under tutor appointed by the
If the work be destroyed previous judge, 300."
to its being delivered to the Of the duties and powers of the
owner, on whom falls the loss, under tutor, from 301 to 303 ;
from 2730 to 2732.

and when they are at an end, 304.
or the responsibility of the under- UNILATERAL CONTRACT
taker or workman, if the work Defined, 1758.

men.

« ПретходнаНастави »