Civil Law Dictionary

 

A Civil Law

Page history last edited by vfeliu@udc.edu 8 mos ago
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Abandonment - The withdrawal or denial of marital obligations without justification or cause. It is more commonly understood to be one spouse leaving the matrimonial domicile without cause and refusing to return. (from www.la-legal.com)
 
 
 
Absolute simulation  - See SIMULATIONS.
 
 
 
Abstract - A condensed history of the chain of title to land based on courthouse records. (from www.la-legal.com)
 
 
 
Abuse of rights - The doctrine of abuse of rights provides that `fault' in the DELICTUAL sense may be imposed upon a party who has exercised a right in a manner that has caused injury to another. At least one of four conditions is required to invoke the doctrine:
(1) the predominant motive for exercising the right is to cause harm;
(2) no serious or legitimate motive exists for exercising the right;
(3) the exercise of the right is against moral rules, good faith, or elementary fairness; or (4) the right is exercised for a purpose other than that for which it was granted.
 
 
 
Accessory contract - See CONVENTIONAL OBLIGATION.
 
 
 
Accretion of renounced successions - The provision whereby the portion of an heir renouncing a succession goes to certain of his coheirs.
 
 
 
Acknowledgment - To admit something is genuine. When used in connection with paternity, it is a formal recognition that a child is one's own. (from www.la-legal.com)
 
 
 
Acquets - Property acquired by gift, purchase, or otherwise than by succession (also acquets and gains). (from www.la-legal.com)
 
 
 
Acquisitive prescription - See LIBERATIVE PRESCRIPTION.
 
 
 
Act of sale - An original record of a sale of property made by a notary. (from www.la-legal.com)
 
 
 
Aleatory contract - See CONVENTIONAL OBLIGATION.
 
 
 
Alimentary duties - The reciprocal obligations of children and ascendants to maintain each other. The obligation is limited to basic necessities.
 
 
 
Alternative obligation - See OBLIGATION.
 
 
 
A mensa et thorno - A separation "from bed and board." (from www.la-legal.com)
 
 
 
Amicable compounder - A type of arbitrator, authorized to abate something of the strictness of the law in favor of natural equity.
 
 
 
Apparent servitude - See SERVITUDES.
 
 
 
Arpent - An area equalling approximately 0.85 acres. It can also refer to the length of the side of a square arpent, or 191.83 feet.
 
 
 
Authentic act - A writing executed before a notary public or other authorized officer, in the presence of two witnesses, and signed by each party, by each witness, and by the notary public, all in the presence of each other.
 
 
 
A vinculo matrimonii - A divorce "from the bonds of matrimony." A complete dissolution of the marriage (from www.la-legal.com)
 
 
 
 
 
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