CHAPTER 2.

Of Offenses and Quasi Offenses.

ART. 2315. [2294.]-Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it; the right of this action shall survive in case of death in favor of the minor children and widow of the deceased or either of them, and in default of these in favor of the surviving father and mother, or either of them, for the space of one year from the death.

C. C. 1934 (1928), 8536 (3501); C. N. 1382; C. P. 21, 31, 32, 113, 361; 6 N. S. 668; 6 L. 737; 12 L. 581; 16 L. 389; 17 L. 571; 19 L 416; 5 R. 70, 116, 277; 6 R. 382; 8 R. 45, 51, 428; 9 R. 367; 12 R. 20, 40, 162; 1 A. 389; 2 A. 143; 4 A. 79, 144, 440; 6 A. 496; 9 A. 468, 490; 10 A. 33, 719; 11 A. 22, 645. 711; 13 A. 426, 553, 609; 14 A. 34, 189, 406, 732; 15 A. 37, 133, 276, 293, 304, 308, 339, 412, 448, 605, 618, 672; 16 A. 430; 17 A. 3, 5, 20, 64, 82, 108, 109, 243, 244; 18 A. 45; 19 A. 194, 527; 20 A. 25, 124, 158, 169, 323, 336; 21 A. 375; 22 A. 516; 23 A. 264, 280, 811; 24 A. 1, 339, 390; D. Sec. 167, 435, 2368, 2580, 2581, 2582.

ART. 2316. [2295.] - Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.

C. N. 1383; 6 L. 737; 17 L. 571; 1 R. 389; 5 R. 70, 116; 8 R 45, 51; 12 R. 40; 2 A. 143, 437; 6 A. 95; 10 A. 519; 12 A. 380; 13 A. 609; 14 A. 120, 390. 614; 15 A. 37, 105, 133, 304, 418; 16 A. 123; 17 A. 108, 109; 18 A. 45; 19 A. 527; 20 A. 214; 23 A. 264, 311; 24 A. 390; D. Sec. 167. Acts 1855, p. 121.

ART. 2317. [2296.]-We are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody. This, however, is to be understood with the following modifications.

C. N. 1384; C. P. 486; 9 L. 446; 13 A. 609; 15 A. 100, 321; 19 A. 527; 23 A. 180. Acts 1828, p. 160, § 23; D. Sec. 2583.

ART. 2318. [2297.]-The father, or after his decease, the mother, are responsible for the damage occasioned by their minor or unemancipated children, residing with them, or placed by them under the care of other persons, reserving to them recourse against those persons.

The same responsibility attaches to the tutors of minors.

(Am'd.) C. C. 236 (252), 237 (253), 1785 (1778); C. N. 1384; 9 L. 446; 19 L. 416; 5 R. 70; 14 A. 711

ART. 2319. [2298.]-The curators of insane persons are answerable for the damage occasioned by those under their care. C. C. 177 (171), 2315 (2294); 5 R. 70; 16 A. 1.

ART. 2320. [2299.]-Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.

Teachers and artisans are answerable for the damage caused

by their scholars or apprentices, while under their superintend

ence.

In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it. C. C. 176 (170), 177 (171), 236 (252), 237 (253); C. N. 1384; 8 L. 33, 539; 10 L. 583, 585; 15 L. 169; 17 L. 541; 18 L. 491; 1 R. 178; 5 R. 113, 133; 2 A. 40 ́; 7 A. 34, 326; 10 A 403; 11 A. 162; 13 A. 447; 14 A. 501; 15 A. 14, 240, 243, 327; 17 A. 19, 82, 166; 24 A. 339.

ART. 2321. [2301.]-The owner of an animal is answerable for the damage he has caused; but if the animal had been lost, or had strayed more than a day, he may discharge himself from this responsibility, by abandoning him to the person who has sustained the injury; except where the master has turned loose a dangerous or noxious animal, for then he must pay for all the harm done, without being allowed to make the abandonment. C. N. 1385; 5 R. 711; 12 A. 481; 15 A. 115; 24 A. 390.

ART. 2322. [2302.]-The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice in its original construction.

C. C. 670 (666); C. N. 1386; 5 R. 711; 7 A. 321, 325; 15 A. 448. ART. 2323. [2303.]-The damage caused is not always estimated at the exact value of the thing destroyed or injured; it may be reduced according to circumstances, if the owner of the thing has exposed it imprudently.

5 R. 711; 14 A. 115.

ART. 2324. [2304.]-He who causes another person to do an unlawful act, or assists or encourages in the commission of it, is answerable, in solido, with that person, for the damage caused by such act.

16 L. 119; 1 R. 75; 7 R. 208; 12 R. 20; 3 A. 670; 15 A. 308, 309, 583, 584; D. Sec. 436, 2584. Acts. 1844, p. 14.

TITLE VI.

OF THE MARRIAGE CONTRACT, AND OF THE RESPECTIVE RIGHTS OF THE PARTIES IN RELATION TO THEIR PROPERTY.

CHAPTER 1.

General Dispositions.

ART. 2325. [2305.]-In relation to property, the law only regulates the conjugal association, in default of particular agreements, which the parties are at liberty to stipulate as they please, provided they be not contrary to good morals, and under the modifications hereafter prescribed.

C. C. 1734 (1727), 2807 (2778); C. N. 1387; 11 L. 27.

ART. 2326. [2306.]-Husband and wife can in no case enter into any agreement or make any renunciation, the object of which would be to alter the legal order of descents, either with respect to themselves in what concerns the inheritance of their children or posterity, or with respect to their children between themselves, without any prejudice to the donations inter vivos or mortis causa, which may take place according to the formalities and in the cases determined by this Code.

C. N. 1389; 11 L 27; 10 A. 468.

ART. 2327. [2307.]—Neither can husband and wife derogate by their matrimonial agreement from the rights resulting from the power of the husband over the person of his wife and children, or which belong to the husband as the head of the family, nor from the rights granted to the surviving husband or wife by the title: Of Father and Child, and by the title: Of Minors, of their Tutorship and Emancipation, nor from the prohibitory dispositions of this Code.

C. C. 11 (11), 12 (12); C. N. 1388; 11 L. 27.

ART. 2328. [2308.]-Every matrimonial agreement must be made by an act before a notary and two witnesses.

(Am'd.) C. N. 1394; 15 L. 565; 16 L. 273; 5 A. 321; 10 A. 468; 20 A. 577. ART. 2329. [2309.]-Every matrimonial agreement can be altered by the husband and wife jointly, before the celebration of marriage; but it can not be altered after the celebration. C. N. 1395; 2 L. 268; 15 A. 317; 20 A. 577.

ART. 2330. [2310.]-The minor, who is capable of contracting matrimony, may give his consent to any agreements which

this contract is susceptible of; and the agreements entered into and the donations he has made by the same, are valid, provided that, if he be not emancipated, he has been assisted in the agreement by those persons whose consent is necessary to his marriage.

C. C. 1748 (1741); C. N. 1398; 15 A. 317.

ART. 2331. [2311.]-The most ordinary conventions in marriage contracts, are the settlement of the dowry and the various donations which the husband and wife may make to each other, either reciprocally or the one to the other, or which they may receive from others, in consideration of the marriage.

C. C. 1743 (1736); 20 A. 577.

ART. 2332. [2312.]- The partnership, or community of aquets or gains needs not to be stipulated; it exists by operation of law, in all cases where there is no stipulation to the contrary.

But the parties may modify or limit it; they may even agree that it shall not exist.

C. C. 2393 (2395), 2424 (2393); C. N. 1393; 2 L. 269; 16 A. 425; 23 A. 372.* ART. 2333. [2313.]-From the various conventions which are customary in marriage contracts, or which are a consequence of the marriage, result various distinctions with respect to the property which may be the object of these conventions.

ART. 2334. [2314.]-The property of married persons is divided into separate property and common property.

Separate property is that which either party brings into the marriage, or acquires during the marriage by inheritance or by donation made to him or her particularly.

Common property is that which is acquired by the husband and wife during marriage, in any manner different from that above declared.

10 L. 172; 16 A. 209; 23 A. 372.

ART. 2335. [2315.]-The separate property of the wife is divided into dotal and extradotal.

Dotal property is that which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Extradotal property, otherwise called paraphernal property, is that which forms no part of the dowry.

C. C. 2383 (2369); 1 L. 201; 17 L. 299.

CHAPTER 2.

Of the Various Kinds of Matrimonial Agreements.

SECTION 1.

Of Donations Made in Consideration of Marriage.

ART. 2336. [2316.]-Husband and wife may, by their marriage contract, make reciprocally or one to the other, or receive from other persons in consideration of their marriage, all kinds of donations, according to the rules and under the modifications prescribed in the title: Of donations inter vivos and mortis causa. C. C. 611 (606), 1480 (1467), 1734 (1727), 1743 (1736); 15 L. 565; 9 A. 545; 10 A. 468; 20 A. 577.

n SECTION 2.

Of Dowry or Marriage Portion.

ART. 2337. [2317.]-By dowry is meant the effects which the wife brings to the husband to support the expenses of marriage.

C. N. 1540; 2 L. 538; 4 L. 544, 558; 13 L. 23; 16 L. 271; 10 R. 74; 9 A. 168; 16 A. 165; 20 A. 571.

ART. 2338. [2318.]—Whatever in the marriage contract is declared to belong to the wife, or to be given to her on account of the marriage by other persons than the husband, is part of the dowry, unless there be a stipulation to the contrary.

C. N. 1541; 10 R. 74; 5 A. 142; 13 A. 16; 18 A. 585, 588.

ART. 2339. [2319.]-The settlement of the dowry may include all the present and future effects of the wife, or her present effects only, or a part of her present and future effects, or even an individual object.

The constitution in general terms of all the effects of the wife, does not include her future effects.

C. N. 1542; 13 A. 16; 18 A. 588.

ART. 2340. [2320.]-Dowry can not be settled, nor can it even be increased during the marriage.

C. N. 1543; 13 A. 16.

ART. 2341. [2321.]-Dowry can be settled either by the wife herself, or by her father or mother, or other ascendants, or by other relations, and even by strangers.

10 R. 74.

ART. 2342. [2322.]—If the father and mother settle jointly