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
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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.
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.
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