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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 II - OF THE SUCCESSION OF DESCENDANTS

Art. 27. When a person has had several legitimate children who are living at the time of his death, they all participate to his succession by equal shares, and without distinction of sex or of primogeniture, as being in the first degree of consanguinity, to the exclusion of all other legitimate descendants.
The same thing takes place if all those children having previously died, have themselves left children; such grand children will then inherit alone and by equal portions to the exclusion of the great grand children; and so on for the great grand children, if there are neither children nor grand children; the descendants of the inferior degree being always called to inherit in defect of heirs of a superior degree.

Art. 28. In the cases mention in the preceding article the partition is made by the heads, that is to say, that as many equal shares are formed as there are heads or individuals partaking.

Art. 29. But if, with the children of the deceased, there exists grand children issued from the children of the deceased who are then dead, such grand children shall come in by representation of their fathers or mothers, in competition with their uncles and aunts; and the partition shall then be made by roots, that is to say, that there shall be as many shares or roots as there were originally brothers and sisters of the deceased, whether they be still alive or have left posterity; and the grand children coming in representation whatever be their number, shall not receive among them all, any thing more than the share or shares which would have belonged to their fathers or mothers, if they had been existing at the time of such partition.

 

SECTION III - OF THE SUCCESSION OF ASCENDANTS

Art. 30. If the deceased has left no children or any other descendants, his estate belongs to his father and mother, or other ascendants, and is divided between them in such a manner that if there are ascendants on both sides, that is to say, in the paternal and maternal lines, in the same degree, the estate is divided in two equal shares, one of which goes to the paternal and the other to the maternal side, whether the number of ascendants on each side be equal or unequal.
But if there is only one ascendant, either paternal or maternal in the same degree in both lines, such ascendant excludes all other ascendants of a more remote degree, and alone takes all the estate.
Thus if the father and mother are both alive, they partake equally the estate of their child, but if the father only or the mother is existing, he or she excludes the grand father or grand mother.
In a like manner when the grand father or grand mother on one side, happens to be alone on his or her side, to partake with both the grand father and grand mother on the other side, the partition is made by sides, in such manner that the grand father who is alone on his side, receives one half of the estate, while the grand father and grand mother of the other side, have no more than the other half between them two.
But if there be only one grand father or grand mother on both sides, either paternal or maternal, such grand father or grand mother excludes the great grand fathers and great grand mothers and other ascendants of a more remote degree and receives alone, the whole estate, because representation is not admitted in the ascending line.

 

SECTION IV - OF THE SUCCESSION OF COLLATERALS

Art. 31. When the deceased has left no children, nor any descendants nor ascendants, his legal succession passes to his legal collaterals.

Art. 32. In the collateral line, the estate belongs to the relation nearest in degree, save the restrictions which are made to this rule in favor of the representation and of the prerogative of the whole blood, as far as the limits prescribed by law.

Art. 33. The nearest relation in the collateral line is the brother and sister.

Art. 34. There are three sorts of brothers; the brothers called german or born from the same father and mother; the brothers called paternal, who are born from the same father only, but from different mothers.
And the brothers called maternal, who are born from the same mother but from different fathers.
These two last sorts are also called, half brothers, or brothers of one side, or brothers of the half blood, in opposition to the german brothers, who are called brothers of the whole blood.
Hence the consanguinity of the whole and of the half blood.
What is said here and in the following articles respecting brothers, either german, paternal or maternal, must of course be understood of the sisters, whether they are alone or in competition with brothers, as they are in all respects in a similar situation, in matter of succession.

Art. 35. When a person dies, leaving only brothers of the whole blood, such brothers inherit his estate, to the exclusion of other collaterals; and the partition is then made by heads, and by equal shares among such heads, conformable to what is prescribed in the article 28th of this title.

Art. 36. When the deceased leaves only brothers of the whole blood, and some children of other brothers of the whole blood, who had died before, such children are admitted to participate to the estate with their uncles and aunts, as representing their deceased fathers or mothers; and the partition is then made among them by roots, conformable to what is prescribed in the article 29th of this title.

Art. 37. But if the deceased has left some brothers of the whole blood, with some grand children of other brothers of the whole blood deceased, such grand children, shall not be admitted to represent the rights of their deceased fathers and grand fathers in such succession, but shall be excluded from the inheritance by the existing brothers of the deceased, because in the collateral line, representation takes place only in favor of the nephews coming to the succession in competition with their uncles, and extends no further.
The rules prescribed in the present and two preceding articles apply equally, when instead of brothers of the whole blood, the deceased has left only brothers of the half blood,

Art. 38. If the deceased has left at the same time, brothers of the whole and of the half blood, the brothers of the whole blood shall exclude those of the half blood, and inherit alone, and their children likewise, by representation.

Art. 39. The prerogative of the whole blood, exists only in favor of the brothers of the whole blood, of the deceased, and of their children, to the exclusion of brothers of the half blood, but it extends no further.
Thus supposing that the brothers of the whole blood of the deceased and their children had all died, their grand children, or other descendants and collaterals shall not exclude the brothers of the half blood of the deceased, nor their children, who shall in such case inherit alone, as relations nearer in degree,

Art. 40. If the deceased has left no brothers of the whole blood, but has left both paternal and maternal brothers, such paternal and maternal brothers, and their children, as representing their deceased fathers and mothers, shall exclude all other collateral kindred.
But the paternal brothers, and their children, shall inherit particularly the property which the deceased had on the side of his father; and the maternal brothers, or their children, shall likewise inherit particularly the property which the deceased had on the side of his mother; and the said paternal and maternal brothers, or their children by representation shall inherit together the property which the deceased shall have acquired by art, industry or otherwise.

Art. 41. The nephews and nieces of the deceased are always preferred to his uncles and aunts, although they are really in the same degree, which is the third; the reason is, that by the effect of representation the nephews and nieces are placed in the same degree as their fathers and mothers, brothers and sisters of the deceased, that is in the second degree, and that they are therefore by the fiction of the law, in a nearer degree than the uncles or aunts of the deceased.

Art. 42. Among other collateral relations, that who is nearest in degree, excludes all the others, and if there are several heirs in the same degree, they shall partake equally, and by heads, according to their number.

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