Слике страница
PDF
ePub

There are in law two sorts of successors: the successor by universal title, such as the heir, the universal legatee, and the legatee by universal title; and the successor by particular title, such as the buyer, donee or legatee of particular things, the transferee.

The universal successor represents the person of the deceased, and succeeds to all his rights and charges.

The particular successor succeeds only to the rights appertaining to the thing which is sold, ceded or bequeathed to him. 29. SUCH AS.-These are words employed to give some example of a rule, and are never exclusive of other cases which that rule is made to embrace.

30. TACIT.-Tacit is said of that which, although not expressed, is understood from the nature of the thing, or from the provision of the law.

31. THING ADJUDGED.-Thing adjudged is said of that which has been decided by a final judgment, from which there can be no appeal, either because the appeal did not lie, or because the time fixed by law for appealing is elapsed, or because it has been confirmed on the appeal.

32. THIRD PERSONS.-With respect to a contract or judgment, third persons are all who are not parties to it. In case of failure, third persons are, particularly, those creditors of the debtor who contracted with him without knowledge of the rights which he had transferred to another.

C. C. 27 (27), 1494 (1481), 1933 (1927) § 2, 1985 (1980), 2120 (2116), 2286 (2265), 2288 (2267), 2743 (2714), 2754 (2725), 2758 (2729), 2939 (2910), 2970 (2939), 3027 (2996); 5 N. S. 620; 2 L. 122; 6 L. 539; 12 L. 124; 15 L. 85; 9 R. 207; 11 R. 302; Ì A. 92, 264; 2 A. 487; 3 A. 222; 4 A. 262; 12 A. 199, 465; 13 A. 535; 14 A. 653; 16 A. 5, 209, 284, 390; 18 A. 695; 19 A. 183, 197, 234; 21 A. 205, 295, 355, 463; 22 A. 343; 24 A. 104, 487; D. Sec. 3718.

Approved March 14, 1870.

GENERAL INDEX.

THE FIGURES INDICATE THE NUMBERS OF THE ARTICLES.

ABANDONMENT.

A.

Separation may be claimed in case of abandonment of the husband by his wife,
or of the wife by her husband, in what manner, 138, 143, 145.

The abandonment of the land extinguishes the servitudes charged on it, 813.
Of the abandonment of property made by a debtor to his creditors.
Vide Cession of Property.

ABSENCE.

Of the effects of absence upon the eventual rights which may belong to the ab-
sentee, from 76 to 79.

Of the effects of absence respecting marriage, 80.

Vide Absentees.

ABSENTEES.

Of the meaning of the word absentee, 3556, No. 3.
Of the curatorship of absentees, from 47 to 56.

Of the putting into provisional possession the heirs of the absentee, from 57 to
75.
Of the care of the minor children whose father has disappeared, from 81 to 85.
Curators who have been appointed to absentees, or relations who have been put
in possession of the effects of such absentees, can sue or be sued for a parti-
tion, 1315.

Partitions in which absentees are concerned, must be made in a judicial man-
ner, 1323.

Absentees have a tacit or legal mortgage on the property of their curators,
3314.

How prescription which releases from debts is acquired against absentees, 3511.

ABSENT HEIRS.

Vide Curators and Counsel to Absent Heirs.

ACCEPTANCE.

Of the community between husband and wife. Rules relative thereto.
Vide Community.

Of donations inter vivos; forms and effect of the acceptance of these donations,
from 1540 to 1549. Such acceptance is not required in donations made by
marriage contract, 1739.

Of successions; in what manner successions may be accepted expressly or
tacitly, 988.

At what time succession may be accepted, from 978 to 987.

ACCEPTANCE-Continued.

When the acceptance of a succession is implied or not from certain acts, from
996 to 1003.

Who are the persons who can or can not accept a succession, from 1004 to 1008.
What are the effects of the acceptation of a succession, from 1009 to 1013.

ACCESSION.

(Of the right of) what is so called, 498.

Of the right of accession to what is produced by the thing, from 499 to 503.
Vide Fruits.

[ocr errors]

Of the right of accession to what unites or incorporates itself to the thing, 504.
Of the right of accession in relation to immovables, from 505 to 519; in relation
to movables, from 520 to 532.

ACCESSORIES.

The obligation of delivering the thing sold, includes its accessories and depend-
encies, 2490.

ACCESSORY

Contract; its definition in opposition to a principal contract, 1771.

ACCIDENTS.

Vide Fortuitous Events.

ACCOUNTS

To be rendered by the tutor of a minor, from 357 to 361; by curators of vacant
successions and to absent heirs, from 1191 to 1208; by the testamentary ex-
ecutor, 1674.

ACCRETION.

(Right of); in succession ab intestato, the portion of the heir renouncing goes to
his co-heirs of the same degree; it is what is called the right of accretion,
from 1022 to 1028..

This right does not exist in matter of testamentary dispositions, except in some
cases provided by law, from 1706 to 1709.

ACCRETIONS

Which are formed successively and imperceptibly to any soil situated on the
bank of a river, to whom they belong, 509.

Vide Alluvion.

ACKNOWLEDGMENT.

Of natural children by their fathers and mothers, in whose favor it may be
made, its forms and effects, from 202 to 213.

Vide Natural Children.

ACQUETS AND GAINS.

Vide Community.

ACTIONS.

An action for the recovery of an immovable estate or an entire succession is
considered as immovable, 471.

Actions and obligations, the object of which is to recover money due or mova-
ble property, are considered as movables, 474.

Actions in avoidance of a contract, from 1970 to 1977.

Vide Contracts.

Action of nullity and rescission of agreements and sale.

Vide Nullity, Rescission.

Vide Hypothecary and Redhibitory Actions and Reduction.

ACTS under private signature.

What contracts may be made under private signature, 2240.

Of the form necessary for their validity, 2241.

Of the credit to be given to them, 2242, 2213.

How the person, who did subscribe such acts, must acknowledge or deny his
signature, 2244.

Of the proof to be made when the signature is expressly denied, 2245.

In case of sale or exchange of real property the acts under private signature
are valid against bona fide purchasers and creditors, only from the day on
which they are registered according to law, 2246.

Vide Authentic, Confirmative, Conservatory and Recognitive Acts.

ADJUDICATION.

How the property which minors hold in common with their fathers and mothers,
may be adjudicated to the latter, 343, 344.

In what manner adjucation at public sales ought to be made, and of their effect,
from 2607 to 2615, 2622.

[blocks in formation]

ADMINISTRATORS OF SUCCESSIONS.

Of the appointment and duties of the administrator of a succession, the heir
of which takes time for deliberating, 394, 1042 to 1049, 1059, 1062 to 1070.

ADOPTION.

Adoption in certain cases, 214.

ADULTEROUS CHILDREN.

Who are called So, 182.

They can not be legitimated or acknowledged by their fathers and mothers,
198, 201, but they are entitled to alimony, 245.

Adulterous and incestuous children can in no case inherit the estates of their
natural fathers and mothers, 920.

In what manner fathers and mothers are restrained from disposing in favor of
their adulterous and incestuous children, 1488.

ADULTERY.

The husband or wife may claim reciprocally a separation in case of adultery,
138, No. 1.

ADULTS.

Males who have attained fourteen years complete, and females the age of twelve
years complete, are distinguished by the name of adults, 36.

ADVERTISEMENTS.

What is understood by public advertisements, 3556, No. 4.

AFFINITY

Is not an impediment to marriage, 96.

AFFIXING OF SEALS.

Vide Seals.

AGE.

Age forms a distinction between those who have and those who have not suffi
cient reason and experience to be masters of themselves, 34.

Of the presumption of survivorship which results from the age of persons who
have perished in the same event, from 937 to 939.

AGREEMENTS.

Vide Contracts.

ALEATORY CONTRACTS
Defined, 2982.

ALEMBICS,

When placed upon a tract of land for its service and improvement, are immov-
able by destination, 468.

ALIENATION.

The persons who have been put into provisional possession of the estate of the
absentee can not alienate his immovables, 69.

Minors' property can not be alienated, except when it is for the interest of the
minor to do so, with what formalities such sale must be made, 343 to 345.
The immovables settled as a dowry can not be alienated, except in certain cases,
from 2357 to 2363.

ALIMONY.

Children are bound to maintain their father and mother, and other ascendants,
who are in need, and this obligation is reciprocal on the part of the children
and other descendants, 229.

What is understood by the word alimony, 230.

In what manner alimony must be granted, from 231 to 234.

Fathers and mothers owe alimony to their natural children, and vice versa; and
of the rules relative to that obligation, from 240 to 244.

Alimony is due to bastards, though they be adulterous and incestuous, by their
mother, and her ascendants, 245.

ANIMAL..

Of the responsibility of the master of an animal for the damage he has caused,
2321.

Vide Beasts, Cattle and Wild Beasts.

ANNUITIES.

Perpetual rents and annuities are considered as movable things, 474.

The annuities are civil fruits; they are obtained day by day, and they belong
to the usufructuary, 545, 547.

Annuities bear interest from the day the debtor is in default, 1944, 2800.
The contract of annuity defined, 2793.

Annuity may be either perpetual or for life, 2794.

Rate of interest on annuity for life, 2795.

Constituted annuity essentially redeemable, 2796.

In what cases the debtor may be compelled to redeem the same, from 2797 to
2799.

ANTICHRESIS.

A sort of pledge, 3134, defined, 3135.

Its form and effects, from 3176 to 3181.

APOTHECARIES.

Of their privilege for medicines by them supplied to a deceased person during
his last sickness, 3202.

Of the prescription of their actions in payment of the medicines by them sold,
3538.

!

« ПретходнаНастави »