(Return to Civil Law Glossary)

 

Mandatary, Mandate, Procuration -  A mandate or procuration is an act by which one person gives power to another, known as the mandatary or agent, to transact for him and in his name. Synonymous with agency.

 

Marital portion - A portion of a deceased spouse's succession to which the surviving spouse is entitled.

 

Minerals, Mineral servitude - In the common law, the owner of land generally owns the minerals underneath it, if the mineral estate has not been severed. In Louisiana, the owner of land generally owns only the right to produce minerals underneath the land. Under common law, the minerals may be severed from the surface, creating separate surface and mineral estates. In Louisiana, the landowner can convey the right to produce minerals to another, creating a mineral servitude. A principal difference is that the mineral servitude will be extinguished, through LIBERATIVE PRESCRIPTION, after ten years of nonuse, whereas a mineral estate is a (perpetual) estate in land.

 

Moral damages - Damages for nonpecuniary loss recoverable under a breached contract in certain situations.

 

Movables - See IMMOVABLES.

 

Mutuum - See COMMODATUM.

 

Mystic or Sealed testament or will - See TESTAMENTS.