LSU Law
LSU Law Login
Calendar
myLSU
LSU Law HomeProspective StudentsCurrent StudentsFaculty & StaffAlumni & FriendsEmployers & Legal Community
A-Z IndexAbout LSU LawLibraryContact UsSearch 
Digest Online
Back to Civil Law OnlineBack to Civil Law Online
English French English & French Manuscript General Manuscript General Image Manuscript Article Manuscript Article Image

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

CHAPTER III - OF PRESCRIPTION

 

SECTION I - OF THE POSSESSION REQUIRED TO ESTABLISH PRESCRIPTION

Art. 32. Prescription is a manner of acquiring property or discharging debts by the effect of time and under the conditions regulated by law.
Thus the possessor acquires the property of an estate by peaceable possession during the time regulated by law, and the ancient proprietor is stript thereof for having ceased to possess it, or to demand it, during the said time.
Thus a creditor looses his debt for having omitted to demand it, within the time limitted for prescription and the debtor is discharged from it by the long silence of his creditor.
Thus other rights are acquired by long enjoyment and are lost for want of exercising them.

Art. 33. One cannot renounce a prescription not yet acquired, but it is lawful to renounce prescription when once acquired.

Art. 34. Such renunciation of prescription is either expressed or tacit.
A tacit renunciation results from a fact which gives a presumption of the relinquishment of the right acquired by prescription.

Art. 35. To be capable of renouncing to the right of prescription, one must be capable of alienating his property.

Art. 36. Prescription may be pleaded in every stage of the cause, even on the appeal.

Art. 37. Creditors and every other person who may have an interest in the acquiring of an estate by prescription, have a right to plead it, even in case the person claiming such an estate, should renounce the said right of prescription.

Art. 38. Prescription requires a continued, uninterrupted, peaceable, public and unequivocal possession; it is also required that the person claiming the prescription should have possessed animo Domini, that is, as master or proprietor.

Art. 39. A person is presumed to have possessed as master or proprietor, unless it appears that such possession began in the name and for another, in which case the law supposes that the possession must have been continued for and in the name of said person, unless the contrary be shewn.

Art. 49[0]. The circumstance of having been in possession by the permission or through the indulgence of another person, gives neither legal possession nor the right of prescribing.
Thus those who possess precariously, that is by having prayed the master to let them have the possession, do not deprive him thereof, but possessing by his consent, they possess for him.

Art. 41. A possession by violence not being legal, does not confer the right of prescribing as long as said violence continues.

Art. 42. The actual possessor when he proves that he has formerly been in possession, shall be presumed to have been in possession also during the intermediate space of time, until the contrary be proved.

Art. 43. If a possessor chances to die before he has acquired the prescription and his heir continues in possession, we join together the time of the possession of the one and the other and the prescription is acquired to the heir after the possession of his ancestor and his own joined together, have lasted the time regulated for prescribing.
And the same thing holds in the possession of the buyer joined to that of the seller to whom he succeeds, and in the possession of the donee and donor, of the legatee and testator, and in the same manner of all those who possess successively, having right the one from the other.

Art. 44. The possessions of divers possessors who succeed the one to the other, are joined only in the cases where they follow one another without interruption.

Art. 45. Those who possess for others and not in their own name, cannot prescribe, whatever may be the time of said possession.
Thus farmers, tenants, depositaries, usufructuaries and all those generally who hold by a precarious tenure, and in the name of the proprietor, cannot prescribe on the thing thus held.

Art. 46. The heirs of the persons holding under the tenures mentioned in the preceding article, cannot prescribe any more than those from whom they hold said things.

Art. 47. Those to whom tenants, depositaries and such other persons having only a precarious possession, have conveyed the same by a title capable of transferring property, may prescribe for the same.

Art. 48. One cannot prescribe against his own title, in this sense, that he cannot change, by his own act, the nature and the origin of his possession.

Art. 49. But a man can prescribe against his own title, in this sense, that he can prescribe against an obligation which he may have contracted.

 

SECTION II - OF THE CAUSES WHICH SUSPEND OR INTERRUPT PRESCRIPTIONS

Art. 50. There are two modes of interrupting prescription that is by a natural interruption or by a legal interruption.

Art. 51. A natural interruption is said to take place when the possessor is deprived of the possession of the thing during more than a year, either by the ancient proprietor or even by a third person.

Art. 52. A legal interruption takes place when the possessor has been cited to appear before a court of justice, on account either of the property or of the possession; and the prescription is interrupted by such demand, whether the suit has been brought before a court having a competent jurisdiction or not.

Art. 53.  Prescription ceases likewise to run, whenever the debtor or possessor makes acknowledgement of the right of the person whose title they prescribed.

Art. 54. A citation given to a debtor in solido to appear before a court of justice or the acknowledgement made by such debtor, interrupts the prescription against all other co-debtors and even against their heirs.
But the citation given to one of the co-heirs of a debtor in solido, or the acknowledgement of such co-heir does not operate an interruption of prescription with respect to the other co-heirs, even in the event of a debt being on a mortgage, if the obligation be not indivisible.
The citation of one of the heirs of the debtor in solido or his acknowledgement interrupts the prescription, with respect to the other co debtors, only for the share belonging to that heir.
The prescription can be interrupted for the whole debt against all the other co-debtors, only when all the heirs of the deceased co-debtor, have been cited or have acknowledged the debt.

Art. 55. The citation of the principal or his acknowledgement, interrupts the prescription of the security.

Art. 56. Minors and persons under interdiction, cannot be prescribed against, except in the cases provided by law.

Art. 57. Husbands and wives cannot prescribe against each other.

Art. 58. Married women may be prescribed against, though not separated from their husbands, for all the property belonging to them and administered by their husbands, saving their recourse against said husbands.

Art. 59. But prescription does not take place during marriage, as it respects property alienated which made a part of the dowry, as provided under the title of marriage contract.

Art. 60. Prescription is equally suspended during marriage;
1st. When the wife can only be entitled to an action, after having chosen between accepting or renouncing the community;
2d, When the husband having sold an hereditary estate of his wife, without her consent, is bound as a warranty for the validity of such sale, and in every case, when the action of the wife may be prejudicial to her husband.

Art. 61. Prescription does not run against debts depending on a certain condition, until such condition has arrived; nor on account of a warranty, until the eviction takes place; nor does it run against a debt to be paid on a certain day, until that day has arrived.

Art. 62. Prescription does not run against a beneficiary heir, with respect to the debt due him by the estate.
But it runs against a vacant estate, though no curator has been appointed for said estate.

Art. 63. It runs likewise during the three months which the law grants for the making of the inventory and the forty days given for deliberating.

< Previous | Next >© Manuscript notes copyright 1968 by Louis V. de la Vergne.
Paul M. Hebert Law Center   |    1 E. Campus Dr.   |    Louisiana State University   |    Baton Rouge, LA 70803   |   225/578-5292