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Table of Contents

Cover Page
Foreword
Abbreviations
Synopsis
Preliminary title Of the general definitions of rights and the promulgation of the laws
    Chapter I Of law and customs
    Chapter II Of the publication of the laws
    Chapter III Of the effects of laws
    Chapter IV Of the application and construction of laws
    Chapter V Of the repeal of laws
Book I Of persons
    Title I Of the distinction of persons, and the privation of certain civil rights in certain cases
      Chapter I Of the distinction of persons established by nature
      Chapter II Of the distinctions of persons which are established by law
    Title II Of domicil and the manner of changing the same
    Title III Of absent persons
      Chapter I Of the curatorship of absent persons
      Chapter II Of the putting into provisional possession the heirs of the absentee
      Chapter III Of the effects of absence upon the eventual rights which may belong to the absentee
      Chapter IV Of the effects of absence respecting marriage
      Chapter V Of the care of minor children whose father has disappeared
    Title IV Of husband and wife
      Chapter I On marriage
      Chapter II How marriages may be contracted or made
      Chapter III Of the nullity of marriages
      Chapter IV Of the respective rights and duties of married persons
      Chapter V Of the dissolution of marriages
      Chapter VI Of second marriages
    Title V Of the separation from bed and board
      Chapter I Of the causes of separation from bed and board
      Chapter II Of the proceedings on separation from bed and board
      Chapter III Of the provisional proceedings to which a suit for separation may give occasion
      Chapter IV Of objections to the action of separation from bed and board
      Chapter V Of the effects of separation from bed and board
    Title VI Of master and servant
      Chapter I Of the several sorts of servants
      Chapter II Of free servants
      Chapter III Of slaves
    Title VII Of father and child
      Chapter I Of children in general
      Chapter II Of legitimate children
        Section I Of legitimacy resulting from marriage
        Section II Of the manner of proving the legitimate filiation
      Chapter III Of illegitimate children
        Section I Of legitimation
        Section II Of the acknowledgment of illegitimate children
      Chapter IV Of adoption
      Chapter V Of paternal authority
        Section I Of the duties of parents towards their legitimate children, and of the duties of legitimate children towards their parents
        Section II Of the duties of parents towards their natural children, and of the duties of natural children towards their parents
    Title VIII Of minors, of their tutorship, curatorship and emancipation
      Chapter I Of tutorship
        Section I General dispositions
        Section II Of tutorship by nature
        Section III Of tutorship by will
        Section IV Of the tutorship by the effect of the law
        Section V Of dative tutorship
        Section VI Of the under tutor
        Section VII Of the causes which dispense or excuse from the tutorship
        Section VIII Of incapacity for, exclusion from and deprivation of the tutorship
        Section IX Of the administration of the tutor
      Chapter II Of the curatorship of minors
      Chapter III Of emancipation
    Title IX Of persons insane, idiots, and other persons incapable of administering their estate
      Chapter I Of the interdiction and curatorship of persons incapable of administering their estate, whether on account of insanity or of some other infirmity
      Chapter II Of the other persons to whom curators are appointed
    Title X Of communities or corporations
      Chapter I Of the nature of communities or corporations, of their use and kind
      Chapter II Of the rights and privileges of communities or corporations and of their incapacities
      Chapter III Of the dissolution of communities or corporations
Book II Of things and of the different modifications of property
    Title I Of things or estates
      Chapter I Of the distinction of things or estates
      Chapter II Of immoveables
      Chapter III Of moveables
      Chapter IV Of estates considered in their relation to those who possess them
    Title II Of absolute ownership
      Chapter I Universal principles
      Chapter II Of the right of accession to what is produced by the thing
      Chapter III Of the right of accession to what unites or incorporates itself to the thing
        Section I Of the right of accession concerning immoveables
        Section II Of the right of accession concerning moveable things
    Title III Of usufruct, use and habitation
      Chapter I Of usufruct
        Section I General definitions
        Section II Of the rights of the usufructuary
        Section III Of the obligations of the usufructuary
        Section IV Of the obligations of the owner
        Section V How usufruct expires
      Chapter II Of the use and habitation
    Title IV Of predial services or services of land
      Chapter I General principles
      Chapter II Of services which originate from the natural situation of the place
      Chapter III Of services imposed by law
        Section I Of walls, fences, and ditches in common
        Section II Of the distance and of the intermediary works required for certain buildings
        Section III Of lights on the property of a neighbor
        Section IV Of the manner of carrying off rain from the roof
        Section V Of the right of passage
      Chapter IV Of services established by the act of man
        Section I Of the different kinds of services which may be established by the act of man
        Section II How services are acquired
        Section III Of the rights of the proprietor of the estate to which the service is due
        Section IV How Services are extinguished
Book III Of the different manners of acquiring the property of things
    Preliminary title General dispositions
    Title I Of successions
      Chapter I Of the different sorts of successions and heirs
      Chapter II Of legal successions
        Section I General rules
        Section II Of the succession of descendants
        Section III Of the succession of ascendants
        Section IV Of the succession of collaterals
      Chapter III Of irregular successions
      Chapter IV In what manner successions are opened
      Chapter V Of the incapacity and unworthiness of the heirs
      Chapter VI In what manner a succession is accepted and how it is renounced
        Section I Of the acceptance pure and simple
        Section II Of the acceptance of a succession with the benefit of an inventory
      Chapter VII Of the administration of vacant estates and estates ab intestato
      Chapter VIII Of partition among heirs and of the collation of goods
        Section I Of the nature of partition and in what manner it is made
        Section II Of the collation of goods
        Section III Of the payment of debts
        Section IV Of the effect of partition and of its rescision
    Title II Of donations inter vivos (between living persons) and mortis causa (in prospect of death)
      Chapter I General dispositions
      Chapter II Of the capacity necessary for disposing of and receiving by donation inter vivos or mortis causa
      Chapter III Of the portion disposable, and of its reduction in case of excess
        Section I Of the disposable portion and the legitime
        Section II Of the reduction of dispositions inter vivos or mortis causa; of the manner in which it is made and of its effects
      Chapter IV Of dispositions reprobated by the law in donations inter vivos and mortis causa
      Chapter V Of donations inter vivos (between living)
        Section I Of the irrevocability of donations inter vivos
        Section II Of the form of donations inter vivos
        Section III Of the exceptions to the rule of the irrevocability of donations inter vivos
      Chapter VI Of dispositions mortis causa (in the prospect of death)
        Section I Of testament or codicil
        Section II Of the form of testaments and codicils
        Section III Of testamentary dispositions
        Section IV Of the institution of heir and of disinherison
        Section V Of legacies
        Section VI Of the opening and the proof of wills, and of testamentary executions
        Section VII Of the revocation of testaments and codicils and of their caducity
        Section VIII Of the interpretation of testamentary dispositions
      Chapter VII Of partitions made by parents among their descendants
      Chapter VIII Of donations made by marriage contract to the husband or wife, and to the children to be born of the marriage
      Chapter IX Of donations between married persons, either by marriage contract, or during the marriage
    Title III Of contracts and of conventional obligations in general
      Chapter I Preliminary dispositions
      Chapter II Of the conditions essential to the validity of agreements
        Section I Of consent
        Section II Of the capability of the parties contracting
        Section III Of the object and the matter of contracts
        Section IV Of the cause
      Chapter III Of the effect of obligations
        Section I General dispositions
        Section II Of the obligation of giving
        Section III Of the obligations of doing or of not doing
        Section IV Of the damages resulting from the non execution of the obligation
        Section V Of the interpretation of the agreements
        Section VI Of the effect of agreements with regard to persons not parties to them
      Chapter IV Of the different kinds of obligations
        Section I Of conditional obligations
          § 1 Of the condition in general and of its different kinds
          § 2 Of the suspensive condition
          § 3 Of the dissolving condition
        Section II Of obligations to be performed at a certain term
        Section III Of the alternative obligations
        Section IV Of obligations in solido or jointly and severally
          § 1 Of the obligation in solido between creditors
          § 2 Of the obligation in solido on the part of debtors
        Section V Of obligations divisible and indivisible
          § 1 Of the effects of a divisible obligation
          § 2 Of the effect of the indivisible obligation
        Section VI Of obligations with penal clauses
      Chapter V Of the extinction of obligations
        Section I Of payment
          § 1 Of payment in general
          § 2 Of payment with subrogation
          § 3 Of the imputation of payments
          § 4 Of tenders of payment, and consignment
          § 5 Of the surrender of property
        Section II Of novation
        Section III Of the remission of the debt
        Section IV Of compensation
        Section V Of confusion
        Section VI Of the loss of the thing due
        Section VII Of the action of nullity or of rescission of agreements
      Chapter VI Of the proof of obligations and of that of payment
        Section I Of the literal proof
          § 1 Of the authentic title
          § 2 Of the acts under private signature
          § 3 Of copies of titles
          § 4 Of recognitive and confirmative acts
        Section II Of testimonial proof
        Section III Of presumptions
          § 1 Of presumptions established by law
          § 2 Of presumption not established by law
        Section IV Of the confession of the party
        Section V Of the proof by oath
    Title IV Of engagements formed without agreements, or of quasi contracts and quasi offences
      Section I Of the quasi contract
      Section II Of quasi crimes or offences
    Title V Of marriage contract
      Chapter I General dispositions
      Chapter II Of the various kinds of matrimonial agreements
        Section I Of donations made in consideration of marriage
        Section II Of dowry or marriage portion
        Section III Of paraphernalia or extra dotal effects
        Section IV Of the partnership or community of acquests or gains
      Chapter III Of the separation of property
    Title VI Of sale
      Chapter I Of the nature and form of the contract of sale, and of the manner in which it is to be performed
      Chapter II Of persons capable of buying and selling, and of things which may be sold
      Chapter III Of the obligations of the seller
        Section I Of the tradition or delivery of the thing sold
        Section II Of the warranty, in case of eviction of the thing sold
        Section III Of the warranty of the defects of the thing sold or of the redhibitory vices
      Chapter IV Of the obligations of the buyer
      Chapter V Of the nullity and rescissions of the sale
        Section I Of the power or right of redemption
        Section II Of the rescission of sales on account of lesion
      Chapter VI Of sales by cant or auction
      Chapter VII Of the assignment or transfer of debts and other incorporeal rights
    Title VII Of exchange
    Title VIII Of letting and hiring
      Chapter I Of the several species of contracts for letting and hiring
      Chapter II Of the contract for letting out things
        Section I Of the form and duration of leases
        Section II Of the obligations of the lessor
        Section III Of the obligations of the lessee
        Section IV Of the dissolution of leases
      Chapter III Of the letting out of labour or industry
        Section I Of the hiring of servants and workmen
        Section II Of carriers and watermen
        Section III Of plots for buildings and other works
    Title IX Of partnership
      Chapter I General dispositions
      Chapter II Of the various kinds of partnerships
      Chapter III Of the obligations of partners towards each other, and towards third persons
        Section I Of the obligations of partners towards each other
        Section II Of the obligations of partners towards third persons
      Chapter IV Of the different manners in which partnerships end
    Title X Of loan
      Chapter I Of the loan for use or commodatum
        Section I Of the nature of the loan for use
        Section II Of the engagements of the borrower for use
        Section III Of the engagements of the lender for use
      Chapter II Of the loan for consumption or mutuum
        Section I Of the nature of the loan for consumption
        Section II Of the obligations of the lender for consumption
        Section III Of the engagements of the borrower for consumption
      Chapter III Of loan on interest
    Title XI Of deposit and sequestration
      Chapter I Of deposit in general and of its divers kinds
      Chapter II Of the deposit properly so called
        Section I Of the nature and essence of the contract of deposit
        Section II Of the obligations of the depository
        Section III Of the obligations of him by whom the deposit has been made
        Section IV Of the necessary deposit
      Chapter III Of sequestration
        Section I Of its different species
        Section II Of the conventional sequestration
        Section III Of the judicial sequestration or deposit
    Title XII Of aleatory contracts
    Title XIII Of mandate or commission
      Chapter I Of the nature of proxies, mandates and commissions
      Chapter II What persons may be appointed attornies in fact
      Chapter III Of the obligations of a person acting under a power of attorney
      Chapter IV Of the obligations of the principal who acts by his attorney in fact
      Chapter V How the procuration expires
    Title XIV Of suretyship
      Chapter I Of the nature and extent of suretyship
      Chapter II Of the effects of suretyship
        Section I Of the effects of suretyship between the creditor and the surety
        Section II Of the effects of suretyship between the debtor and the surety
        Section III Respecting the effects of suretyship between the sureties
      Chapter III Of the extinction of suretyship
      Chapter IV Of the legal and judicial sureties
    Title XV Of transactions
    Title XVI Of respite
    Title XVII Of compromises or arbitration
    Title XVIII Of pledge
    Title XIX Of privileges and mortgages
      Chapter I Of the nature of a mortgage and of its several sorts
      Chapter II Who may mortgage and what thing may be mortgaged
      Chapter III Of the effects of mortgage
        Section I Of the effects of mortgage with regard to the debtor
        Section II Of the effects of mortgages against third possessors and of the action of mortgage
        Section III Of the registering of mortgages and of the register kept for that purpose
      Chapter IV Of the order of privileges and mortgages
        Section I Of the preference and order of privileges
      Chapter V How privileges or mortgages expire or are extinguished
    Title XX Of occupancy, possession and prescription
      Chapter I Of occupancy
      Chapter II Of possession
      Chapter III Of prescription
        Section I Of the possession required to establish prescription
        Section II Of the causes which suspend or interrupt prescriptions
        Section III Of the several species of prescription
    Title XXI Of the title by judgment or seizure
Index
Manuscript index
Manuscript index Part 2

SECTION III - OF THE OBLIGATIONS OF THE USUFRUCTUARY

Art. 22. The usufructuary takes things in the state in which they are; but it is his duty, before he takes possession, to cause to be made, in presence of the owner, or after the owner has been duly summoned, an inventory with the estimated value of the estate both moveable and immoveable subject to the usufruct, by a notary public duly authorised by the parish judge to that effect and in the presence of two witnesses.

Art. 23. The usufructuary is bound to give security for the amount of the inventory, as a pledge for his enjoying as a good father, if it be an immoveable estate; that he shall return the property in the state in which it is found, not grown worse through any fraud or neglect of his, if it be ordinary furniture; and that he shall pay the estimated value specified in the inventory, if it consists of things liable to be worn out by use.
This security may be dispensed with, in favor of the usufructuary by the act by which the usufruct is established.
The father and mother having the legal usufruct on the estate of their children, neither the seller nor the donor under a reservation of the usufruct, is required to give this security.

Art. 24. If the usufructuary is unable to give security, the immoveable and the slaves subject to the usufruct, shall be either leased, hired or sequestered.
Sums of money, the usufruct of which has been given, shall be put out at interest in a solid way.
And commodities subject to the same usufruct, shall be sold, and the amount of said sale shall be likewise put out at interest.
The interest of said sums, the amount of the real rent of the estate and of the hire of slaves and the produce of the sequestered estate, shall, in such case, belong to the usufructuary.

Art. 25. In case the usufructuary is unable to find security, the owner has a right to insist that such furniture as grows worse by use, be sold, that the proceeds may be placed out at interest, as well as that of the commodities; and in that case the usufructuary enjoys the interest during the usufruct. Nevertheless the usufructuary may claim, and the judge may order, according to circumstances, that a part of the furniture necessary for his use be left to him, under the obligation of returning the same at the expiration of the usufruct.

Art. 26. A delay to give security does not deprive the usufructuary of the profits to which he may have a right. They are due to him from the moment that the usufruct accrued.

Art. 27. It is the duty of the usufructuary to keep the things of which he has the usufruct, and to take the same care of them as a father of a family does of what belongs to him.
He is accordingly answerable for such losses as proceed from any fraud, default or neglect of his.

Art. 28. The usufructuary has a right to make on the estate subject to the usufruct, useful and necessary improvements and repairs, and even to do the same for his bare pleasure; provided it be without making the estate the worse or altering the condition of the place. But as to buildings, he must preserve them such as they have been transmitted to him, nor can he alter their form even to improve it, without the consent of the owner.

Art. 29. The usufruct is liable to all the necessary expences for the preservation and working of the estates subject to the usufruct, such as those necessary for the cultivation of lands and for the maintainance and clothing of slaves, and for the treatment of their diseases.

Art. 30. The usufructuary is bound only to such repairs as are indispensably necessary for keeping in good order the estate subject to the usufruct.
Repairs on a large scale are to be made by the owner himself, unless such repairs have become necessary in consequence of the usufructuary's neglect to make the repairs for keeping the things in good order, since the usufruct has been acquired by him, in which case the usufructuary is likewise bound to make said repairs.

Art. 31. Repairs on a large scale are the building of four principal walls, and of vaults, and the replacing of beams and roofs in toto;
All other repairs are repairs only to keep in good order.

Art. 32. Neither the owner nor the usufructuary is bound to build again what has fallen to ruins owing to its antiquity or has been destroyed by chance.

Art. 33. The usufructuary is liable during his enjoyment to all the annual charges of the estate, such as contributions and other which according to usage are considered as charges on the profits.
He is likewise bound during his enjoyment to cause to be made and repaired, the roads, bridges, ditches, levees and the like, to which the estate is liable.

Art. 34. As to such charges as may be laid on the estate during the period of the usufruct, both the usufructuary and the owner contribute jointly to the acquital of such charges in the following manner; the owner is obliged to pay such charges and the usufructuary pays him the interest of the same. If the usufructuary has advanced of the funds, he has a right to claim the money thus advanced at the expiration of the usufruct.

Art. 35. The legacy of an annuity or alimony left by a testator, is to be wholly acquitted by the universal heir or legatee of the usufruct, and by the heir or legatee on a universal title of the usufruct, in proportion to his enjoyment, without any claim whatever to reimbursement on their part.

Art. 36. The usufructuary on a particular title is not bound to pay the debts for which the estate is mortgaged; if he be compelled to pay them, he has his action against the owner, saving what is stated in the title of donations inter vivos et mortis causa.

Art. 37. The universal usufructuary or the usufructuary on a universal title, shall contribute with the owner to the payment of the debts.
In order to ascertain this contribution, the estate of which he has the usufruct must be valued as well as the sum which is bound to contribute in proportion to this value.
If the usufructuary is willing to advance the sum due by the estate, the amount shall be returned to him at the expiration of the usufruct, without any interest.  But if the usufructuary be unwilling to make the advance, the owner is at liberty, either to pay said sum, and in such case the usufructuary is bound to pay him the interest on said sum during the period of the usufruct, or cause to be sold such a portion of the estate subject to the usufruct, as shall be sufficient to pay what is due by said estate.

Art. 38. The usufructuary is bound to pay no costs but such as result from law suits concerning the enjoyment, and the other penalties to which such law suits may have given rise.

Art. 39. If during the period of the usufruct a third person does make some encroachments on the estate, or violates in any other way, the rights of the owner, it is the duty of the usufructuary to give information of the same to the owner, and if he fails to do it, he shall be answerable for all damages which may result to the owner, as he should be for depredation committed by himself.

Art. 40. If the usufruct consists only of one head of cattle, which dies without any neglect on the part of the usufructuary, he is not bound to return another, or to pay the estimated value of the same.

Art. 41. If a whole herd of cattle subject to the usufruct, dies owing to some accident or disease, without any neglect on the part of the usufructuary he is bound only to return to the owner the hides of said cattle, or the value of said hides; if the whole herd does not die, the usufructuary is bound to make good the number of dead out of the new born cattle as far as they go.

Art. 42. The usufructuary is not bound to return other slaves in the room of such as died during his enjoyment, nor to pay the estimated value of said slaves, unless said slaves died through a fraud or neglect of his.

Art. 43. At the expiration of the usufruct, the usufructuary has no right to claim any compensation for the improvements which he contends he has made, although the value of the thing may have been increased by said improvement.
Nevertheless he himself or his heirs may take away the looking glasses, pictures and other ornaments which he may have placed there, but under the obligation of re-establishing the premises in their former situation. 

< Previous | Next >© Manuscript notes copyright 1968 by Louis V. de la Vergne.
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