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L Civil Law

Page history last edited by vfeliu@udc.edu 15 years ago
(Return to Civil Law Glossary)
 
Legal servitude - See SERVITUDES.
 
Legal usufruct - See USUFRUCT.
 
Legitimate and Illegitimate children, Legitimation - Children are either legitimate or illegitimate. Illegitimate children are those who are conceived and born out of marriage, who are not later legitimated.  Illegitimate children are legitimated, or made legitimate, in certain cases, for example by the subsequent marriage of their father and mother, whenever the parents have formally or informally acknowledged them as their children, either before or after the marriage.
 
Legitime, Falcidian portion, Forced heirship, Disposable portion - Forced heirs are descendants of the deceased who are so called because, under the regime of forced heirship, they are entitled to a certain portion of their parent's estate, called the legal portion, forced portion, legitime, or legitimate portion. The disposable portion is the portion of an estate that a testator may freely dispose of, as it is not subject to the legitime. The falcidian portion is one-fourth of the testator's estate that, under Roman law, had to be reserved to the INSTITUTED HEIR. The purpose of the falcidian portion, which was abolished in Louisiana, was to protect the institutions of the family and its gods, rather than to benefit the testator's heirs directly, as in the regime of forced heirship.  See DISINHERISON.
 
Lesion - The harm suffered by a seller who does not receive a fair amount for the property which he has sold. (from www.la-legal.com)
 
Lesion beyond moiety - A seller can rescind a sale for lesion beyond moiety if he receives less than half the value of the THING sold.
 
Liability in solido - See SOLIDARY LIABILITY.
 
Liberative prescription: A mode of barring actions as a result of inaction for a period of time. Similar to the statute of limitations. See PEREMPTION.
Acquisitive prescription – A mode of acquiring ownership by possession for a period of time. Similar to acquiring title through adverse possession under the statute of limitations.
Prescription of nonuse - A mode of extinction of a REAL RIGHT other than ownership as a result of failure to exercise the right for a period of time.
Interruption and Suspension of Prescription - Similar to tolling of a statute of limitations, prescription may be suspended in certain situations, for example, where prescription is suspended as between spouses during marriage.  If prescription is interrupted, the time that has run is not counted, and prescription begins to run anew from the last day of the interruption. For example, prescription is interrupted when a lawsuit is filed in the proper court; and acquisitive prescription is interrupted when possession is
lost.
 
Litigious right - A right is litigious whenever there exists a suit contesting the right. In another usage, litigious rights are those which cannot be exercised without undergoing a lawsuit. If a litigious right is sold, the person owing the correlative obligation or duty may be released by paying to the transferee the real price of the transfer, together with interest from its date.73
 

Lump sale - See SALES 

 

 

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