Sale – In Louisiana, “Land is not `conveyed' by deed but is sold. Sales of MOVABLES and IMMOVABLES are based on the same principles. One sells land by the same contract and in the same way—in terms of theory—as one sells an automobile.”

 

Sale of litigious rights, Doctrine of - See LITIGIOUS RIGHT.

 

Sales:

Sale of a hope - A sale of a hope is the sale of an uncertain hope, such as a fisherman selling a haul of his net before throwing it.

Sale of future thing - A sale of a future thing is the sale of a thing to come, as of animals yet unborn.

Sale by weight, count or measure, Lump sale - There may also be sales by weight, count, or measure, where goods, produce, or other objects are not sold in a lump, but by weight, by tale, or by measure. In this case the sale is not perfected such that the risk of loss passes from the seller to the buyer until the things sold are weighed, counted, or measured. If, on the contrary, the goods, produce, or other objects have been sold in a lump, the sale is perfected even though the objects have not been weighed, counted, or measured yet.

Sale per aversionem - When property is seized and sold to satisfy a judgment, several items of a debtor's property that have been seized may be sold as a whole, or in globo, if a higher price may be obtained.A sale per aversionem is the sale of an immovable where it isdesignated by the adjoining tenements and sold fromboundary to boundary, for a lump price.

 

Sealed testament - See TESTAMENTS.

 

Servitude by destination - See SERVITUDES.

 

Servitudes:

Legal servitudes - There are two kinds of servitudes: personal servitudes and predial servitudes. Legal servitudes are limitations on ownership established by law for the benefit of the general public or particular persons, e.g. the obligation to keep one's building in repair so that it does not fall and cause damage to a neighbor or to a passerby.

Predial servitudes - A predial servitude is a charge on a servient estate for the benefit of a dominant estate. Similar to an appurtenant easement. A predial servitude is either apparent or nonapparent. Apparent servitudes are those that are perceivable by exterior signs, works, or constructions, such as a roadway or a window in a common wall. A nonapparent servitude has no exterior sign of its existence, such as the prohibition of building on an estate or of building above a particular height. A predial servitude may also be acquired by destination. Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners. When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry a formal declaration establishing the destination. A conventional or voluntary servitude is a predial servitude which is established by an owner on his estate or acquired for its benefit.

Personal servitudes - A personal servitude is a charge on a THING for the benefit of a person. There are three types: USUFRUCT, habitation, and rights of use.

Habitation - The nontransferable REAL RIGHT of a NATURAL PERSON to dwell in the house of another.

Rights of use - A right of use confers in favor of a person a specified use of an estate less than full enjoyment, such as a right of passage or of light and view, or fishing or hunting rights and the taking of certain FRUITS of products from an estate. Similar to the common law's right of way, privilege, or easements in gross and profits in gross.

 

Several obligation - See OBLIGATIONS.

 

Simulations - A contract is a simulation when, by mutual agreement, it does not express the true intent of the parties.

Absolute - A simulation is absolute when the parties intend the contract to produce no effects between them.

Relative - A simulation is relative when the parties intend that their contract shall produce effects between them, though different from those recited in their contract.

Counter-letter - If the true intent of the parties is expressed in a separate writing, that writing is a counter-letter.

 

Solidary liability, Liability in solido - Solidary liability or liability in solido is similar to the common-law's joint and several liability.  See OBLIGATIONS—SEVERAL, JOINT, AND SOLIDARY OBLIGATIONS.

 

Solidary obligation - See OBLIGATIONS; SOLIDARY LIABILITY.

 

Stipulation pour autrui - A stipulation in a contract of a benefit for a third person, called a third party beneficiary.

 

Strictly personal obligation - See OBLIGATIONS.

 

Subjective and Objective novation -  Objective novation takes place when a new performance is substituted for that previously owed, or a new CAUSE is substituted for that of the original OBLIGATION. Subjective novation occurs when a new obligor is substituted for a prior obligor who is discharged by the obligee.

 

Substitutions - See FIDEI COMMISSA.

 

Succession - The estate of the deceased as well as the act of determining and transferring the estate and rights to the heirs or legatees — the successors. (from www.la-legal.com)

 

Suppletive law - A general background law that fills in gaps where, for example, a contract does not provide for a certain situation.

 

Suspension and Interruption of prescription- See LIBERATIVE PRESCRIPTION.

 

Suspensive condition - See RESOLUTORY AND SUSPENSIVE CONDITIONS.

 

Suspensive appeal - See PROCEDURE.

 

Synallagmatic contract - See CONVENTIONAL OBLIGATION.

 

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