(Return to Civil Law Glossary)

 

Damages ex delicto - See DELICTS.

 

Dation en paiement - See GIVING IN PAYMENT.

 

Dative tutorship - See TUTORSHIP.

 

De cujus – Decedent.

 

Declaration of destination - See SERVITUDES.

 

Declinatory exception - The function of the declinatory exception is to decline the jurisdiction of the court, e.g. for lis pendens, improper venue, improper service of process, or lack of personal or subject matter jurisdiction. This exception does not tend to defeat the action.

Dilatory exception - A dilatory exception retards the progress of a lawsuit, but does not tend to defeat the action. Examples include prematurity, vagueness of the petition, and nonjoinder of a necessary party.

Peremptory exception - The function of a peremptory exception is to have the plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action. Examples include PRESCRIPTION, res judicata, nonjoinder of an indispensable party, no cause of action, and no right of action.  Not to be confused with PEREMPTION.

 

Defendant - See PLAINTIFF AND DEFENDANT.

 

Deimmobilization of component parts - See COMPONENT PARTS.

 

Delicts, Damages ex delicto, Delictual -  Equivalent to torts. Damages ex delicto, or delictual damages, are those damages arising from delicts.  See ABUSE OF RIGHTS.

 

Depositum contract - An arrangement where one party delivers items to another for the purpose of temporarily holding and preserving those items.  Similar, but not identical, to Common Law bailment.  Jewelers Mut. Ins. Co. v. N. Barquet, Inc., 410 F.3d 2  

 

Destination, servitude by  - See SERVITUDES.

 

Devolutive appeal - See PROCEDURE.

 

Dilatory exception - See DECLINATORY EXCEPTION.

 

Disinherison - Process by which FORCED HEIRS may be deprived of their LEGITIME. Similar to disinheritance. See UNWORTHINESS OF HEIRS.

 

Disposable portion - See LEGITIME.

 

Divisible obligation - See OBLIGATION.

 

Divorce a vinculo matrimonii - An absolute divorce that totally releases the parties from their matrimonial obligation. (from www.la-legal.com)

 

Duty-risk analysis - Test used by Louisiana courts to determine whether there is negligence. Under this test, which collapses the common law's duty and proximate cause into essentially one question: “Does this defendant owe a duty to protect this plaintiff from this risk which occurred in this manner?”