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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 PARAPHERNALIA OR EXTRA DOTAL EFFECTS

Art. 56. All the effects of the wife which have not been settled on her as a dowry are paraphernal.

Art. 57. If all the effects of the wife are paraphernal, and if there be no convention in the marriage contract, that she shall support a part of the charges of matrimony, the wife shall contribute to the same as far as one third of her income.

Art. 58. The wife has the administration and the enjoyment of her paraphernal effects.
But she can neither alienate the same, nor appear in court of justice concerning said effects, without the authorisation of the husband, or if he should not give it, without the authorisation of the judge.

Art. 59. The wife may give a letter of attorney to her husband as well as to any other person, to administer on its paraphernal effects, and in this her husband shall be bound towards her as any other attorney in fact.

Art. 60. If the husband has enjoyed the paraphernal effects of his wife, without a letter of attorney, but without opposition on her part, he is bound at the time of the dissolution of the marriage, or on the first demand of the wife only to account for the existing profits and he is not accountable for such as have been previously consumed.

Art. 61. If the husband has enjoyed the paraphernal effects, the administration and enjoyment of which the wife has kept to herself, notwithstanding the manifest opposition of the wife, he is answerable to her for the profits both such as are now existing, and such as have been already used.

Art. 62. The husband who enjoys the paraphernal effects is bound by all the obligations of an usufructuary, and his estate is tacitly mortgaged from the day on which he commenced to enjoy, for surety of the performance of his said obligations.

 

SECTION IV – OF THE PARTNERSHIP OR COMMUNITY OF ACQUESTS OR GAINS

Art. 63. Every marriage contracted within this territory, superinduces of right, partnership or community of acquests or gains.
This community or partnership of gains takes place whether there be a marriage contract between the parties or not, and although in case there be one, said contract be entirely silent on this partnership or community.

Art. 64. This partnership or community consists of the profits of all the effects of which the husband has the administration and enjoyment; of the produce of the reciprocal labor and industry of both husband and wife; and of the estates which they may acquire during the marriage either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase was made is alone attended to and not the person who made the purchase.

Art. 65. In the same manner the debts contracted during the marriage enter into the said partnership or community of gains; and must be acquitted out of the common funds, whilst the debts of both husband and wife anterior to the marriage, must be acquitted out of their own personal and individual effects.

Art. 66. The husband is the head and master of the partnership or community of gains; he administers said effects; disposes of the revenues which they produce, and may sell and even give away the same without the consent and permission of his wife, because she has no sort of right in them until her husband be dead.
But if it should be proved that the husband has sold said estate or otherwise disposed of the same by fraud to injure his wife, she may have her action against the heirs of her husband, in support of her claim of one half of said estate, on her satisfactorily proving the fraud.

Art. 67. At the time of the dissolution of the marriage, all effects which both husband and wife reciprocally possess, are presumed common effects or gains, unless they satisfactorily prove which of said effects they brought in marriage or have been given them separately or they have respectively inherited.

Art. 68. The effects which compose the partnership or community of gains are divided into two equal portions between the husband and the wife, or between their heirs, at the dissolution of the marriage, and it is the same with respect to the profits arising from the effects which both husband and wife brought reciprocally in marriage, although what has been thus brought in marriage by either the husband or the wife be more considerable than what has been brought by the other, or even although one of the two did not bring any thing at all.

Art. 69. The fruits hanging by the roots on the hereditary or proper lands of either the husband or the wife at the time of the dissolution of the irmarage, are equally divided between husband and wife or their heirs.
It is the same with respect to the young of cattle yet in gestation; but the fruits of the paraphernal effects of which the wife reserved to herself the enjoyment are excepted from the rule contained in this article.

Art. 70. When the hereditary property of either the husband or the wife has been increased or improved during the marriage, the other spouse or his or her heirs, shall be entitled to the reward of one half of the value of said increase, or meliorations, if it be proved that said increase or melioration be the result of the common labor, expences or industry; but there shall be no reward due, if it be proved that the increase is due only to the ordinary course of things, to the rise in the value of property, or to the chances of trade.

Art. 71. It is understood that in the partition of the effects of the partnership or community of gains, both husband and wife are to be equally liable for their share of the debts contracted during the marriage, and not acquitted at the time of its dissolution.

Art. 72. Both the wife and her heirs or assigns have the privilege of being able to exonerate themselves from the debts contracted during the marriage by renouncing the partnership or community of gains.

Art. 73. The wife who renounces, loses every sort of right to the effects of the partnership or community of gains.
But she takes back all her effects whether dotal, extra dotal, hereditary or proper.

Art. 74. The wife who took an active concern in the effects of the community, cannot renounce the same.
Acts which are simply administrative or conservatory, do not come here under the denomination of active concern.

Art. 75. The surviving wife who wishes to preserve the faculty of renouncing the partnership or community of gains, is bound within three months from the day of the death of her husband, or from the day when his death was known to her, to cause to be made a true and faithful inventory of all the effects of the said partnership or community by a notary duly authorised to that effect by the parish judge and contradictorily with the heirs of the husband or their representatives, or after they have been duly summoned.
This inventory when completed must be sworn by her to be true and faithful, before the public officer who shall have executed the same.

Art. 76. Within three months and forty days from the death of the husband or from the first knowledge of said death, the wife is to make her renunciation before a notary public and two witnesses.

Art. 77. The widow may, according to circumstances, petition the judge of the parish of her domicil for a prolongation of the term prescribed by the preceding article for her renunciation. This prerogation is, if necessary, allowed by the judge after his having heard in opposition the heirs of the husband, or after they have been duly called.

Art. 78. The widow who has made no renunciation within the term above prescribed, has not forfeited the right of renouncing, if she has not taken an active concern, and if she has made an inventory.— Only she may be sued as concerned in common, until she does renounce, and she shall pay the costs of the suit against her until she renounced.
She may likewise be sued after the expiration of the forty days since the inventory was closed, if it was closed before the end of the three months.

Art. 79. The widow who has concealed or made away with any of the effects of the partnership, or community of gains, is declared to be concerned in common, notwithstanding her renunciation — it is the same with respect to her heirs.

Art. 80. If the widow dies before the expiration of the three months, without having made or closed the inventory, the heirs shall be allowed, for the purpose of making or closing the inventory, another term of three months to begin from the day of the death of the widow, and of forty days more to deliberate, after the inventory shall have been closed.
If the widow dies after the inventory was closed, her heirs shall be allowed to deliberate another term of forty days to begin from her death.
They may however renounce the partnership or community of gains, according to the forms above established and the 75 and 76 articles of this title are applicable to them.

Art. 81. The wife separated from bed and board, who has not, within the three months and forty days after the separation finally pronounced, accepted the community, is supposed to have renounced the same, unless being still within the term, she has obtained a prorogation from the judge, after the husband was heard, or after he was duly summoned.
The acceptance of the partnership or community of gains, shall be made in the same form as is above prescribed for the renunciation of the same.

Art. 82. The creditors of the wife may attack the renunciation which may have been made by her or by her heirs, with a view to defraud her creditors, and accept the community of gains in their own names.

Art. 83. The widow, whether she accept or renounce, has a right during the three months and forty days which are granted to her to make an inventory and deliberate, to receive her maintenance and that of her servants out of the provisions in store, and if there be none, she has a right to borrow on account of the common stock, on the condition however of using the privilege with moderation.
She owes no rent for the residence she may have made during the said term, in a house appertaining to the community or belonging to the heirs of the husband, and if the house which both husband and wife did inhabit at the time of the dissolution of the marriage, was rented by them, the wife shall not contribute during the same term, to the payment of the said rent, which shall be taken out of what belongs to the whole.

Art. 84. In case of the dissolution of the marriage by the death of the wife, her heirs may renounce the partnership or community of gains, within the term and according to the forms which the law prescribes to the surviving wife.

Art. 85. The effect of the renunciation made according to the forms above prescribed, is to discharge the wife or her heirs from all contribution to the debts contracted during the marriage, respecting both the husband and the creditors.
She nevertheless remains bound towards these creditors, when she has obligated herself jointly with her husband, or when the debt which became a debt of the community of gains originated with her, saving to her in either case her action against the husband or his heirs.

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