Real obligation - See OBLIGATION.

 

Real right - Real rights, as opposed to personal or obligatory rights, confer direct and immediate authority over a THING, whether MOVABLE or IMMOVABLE PROPERTY. “Real right” is sometimes erroneously associated solely with a right in immovable property. Examples include ownership, and personal and predial SERVITUDES.  See OBLIGATION—REAL OBLIGATION.

 

Reconduction of a lease - The reconduction of a lease is a continuation of an expired lease on the same clauses and conditions that it previously contained.

 

Reconventional demand - See PROCEDURE.

 

Redhibition, Redhibitory action, Redhibitory defect or vice -  Redhibition is the avoidance of a sale on account of some vice or defect in the THING sold, which renders it either absolutely useless, or its use so inconvenient and imperfect, that is must be supposed that the buyer would not have purchased it, had he known of the redhibitory vice or defect. Redhibition is sought in an action for redhibition or redhibitory action.

 

Relative simulation - See SIMULATION.

 

Repetition - A demand or action for the restoration of money or a thing that was paid but that was not due. See OBLIGATION—NATURAL OBLIGATION.

 

Resolutory and Suspensive conditions, Whimsical condition, Potestative condition -  A condition is suspensive if the CONDITIONAL OBLIGATION may not be enforced until the uncertain event occurs, and is similar in some ways to a condition precedent. See CONVENTIONAL OBLIGATION—ALEATORY CONTRACT. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory, similar in some respects to a condition subsequent. A suspensive condition that depends solely upon the whim of the obligor is a whimsical condition. This sort of conditional obligation is null. The expression “potestative condition,” no longer in the Civil Code, meant a condition that makes an obligation depend on an event in the power of one of the parties to bring about or hinder.

 

Respite - A respite is an act by which a debtor, who is unable to satisfy his debts at the moment, transacts with his creditors and obtains from them time or delay for the payment of the sums that he owes them.  See TRANSACTION.

 

Revocatory action, Oblique action - The revocatory action is the right of an obligee to annul an act of the obligor that causes or increases the obligor's insolvency. If an obligor causes or increases his insolvency by failing to exercise a right, the obligee may by the oblique action exercise the right himself, unless the right is STRICTLY PERSONAL to the obligor.  See OBLIGATION—STRICTLY PERSONAL OBLIGATION.

 

Rights of use - See SERVITUDES