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Table of Contents

• Cover Page
• Foreword
• Abbreviations
• Synopsis
• Preliminary title Of the general definitions of rights and the promulgation of the laws
  • Chapter I Of law and customs
  • Chapter II Of the publication of the laws
  • Chapter III Of the effects of laws
  • Chapter IV Of the application and construction of laws
  • Chapter V Of the repeal of laws
• Book I Of persons
  • Title I Of the distinction of persons, and the privation of certain civil rights in certain cases
    • Chapter I Of the distinction of persons established by nature
    • Chapter II Of the distinctions of persons which are established by law
  • Title II Of domicil and the manner of changing the same
  • Title III Of absent persons
    • Chapter I Of the curatorship of absent persons
    • Chapter II Of the putting into provisional possession the heirs of the absentee
    • Chapter III Of the effects of absence upon the eventual rights which may belong to the absentee
    • Chapter IV Of the effects of absence respecting marriage
    • Chapter V Of the care of minor children whose father has disappeared
  • Title IV Of husband and wife
    • Chapter I On marriage
    • Chapter II How marriages may be contracted or made
    • Chapter III Of the nullity of marriages
    • Chapter IV Of the respective rights and duties of married persons
    • Chapter V Of the dissolution of marriages
    • Chapter VI Of second marriages
  • Title V Of the separation from bed and board
    • Chapter I Of the causes of separation from bed and board
    • Chapter II Of the proceedings on separation from bed and board
    • Chapter III Of the provisional proceedings to which a suit for separation may give occasion
    • Chapter IV Of objections to the action of separation from bed and board
    • Chapter V Of the effects of separation from bed and board
  • Title VI Of master and servant
    • Chapter I Of the several sorts of servants
    • Chapter II Of free servants
    • Chapter III Of slaves
  • Title VII Of father and child
    • Chapter I Of children in general
    • Chapter II Of legitimate children
      • Section I Of legitimacy resulting from marriage
      • Section II Of the manner of proving the legitimate filiation
    • Chapter III Of illegitimate children
      • Section I Of legitimation
      • Section II Of the acknowledgment of illegitimate children
    • Chapter IV Of adoption
    • Chapter V Of paternal authority
      • Section I Of the duties of parents towards their legitimate children, and of the duties of legitimate children towards their parents
      • Section II Of the duties of parents towards their natural children, and of the duties of natural children towards their parents
  • Title VIII Of minors, of their tutorship, curatorship and emancipation
    • Chapter I Of tutorship
      • Section I General dispositions
      • Section II Of tutorship by nature
      • Section III Of tutorship by will
      • Section IV Of the tutorship by the effect of the law
      • Section V Of dative tutorship
      • Section VI Of the under tutor
      • Section VII Of the causes which dispense or excuse from the tutorship
      • Section VIII Of incapacity for, exclusion from and deprivation of the tutorship
      • Section IX Of the administration of the tutor
    • Chapter II Of the curatorship of minors
    • Chapter III Of emancipation
  • Title IX Of persons insane, idiots, and other persons incapable of administering their estate
    • Chapter I Of the interdiction and curatorship of persons incapable of administering their estate, whether on account of insanity or of some other infirmity
    • Chapter II Of the other persons to whom curators are appointed
  • Title X Of communities or corporations
    • Chapter I Of the nature of communities or corporations, of their use and kind
    • Chapter II Of the rights and privileges of communities or corporations and of their incapacities
    • Chapter III Of the dissolution of communities or corporations
• Book II Of things and of the different modifications of property
  • Title I Of things or estates
    • Chapter I Of the distinction of things or estates
    • Chapter II Of immoveables
    • Chapter III Of moveables
    • Chapter IV Of estates considered in their relation to those who possess them
  • Title II Of absolute ownership
    • Chapter I Universal principles
    • Chapter II Of the right of accession to what is produced by the thing
    • Chapter III Of the right of accession to what unites or incorporates itself to the thing
      • Section I Of the right of accession concerning immoveables
      • Section II Of the right of accession concerning moveable things
  • Title III Of usufruct, use and habitation
    • Chapter I Of usufruct
      • Section I General definitions
      • Section II Of the rights of the usufructuary
      • Section III Of the obligations of the usufructuary
      • Section IV Of the obligations of the owner
      • Section V How usufruct expires
    • Chapter II Of the use and habitation
  • Title IV Of predial services or services of land
    • Chapter I General principles
    • Chapter II Of services which originate from the natural situation of the place
    • Chapter III Of services imposed by law
      • Section I Of walls, fences, and ditches in common
      • Section II Of the distance and of the intermediary works required for certain buildings
      • Section III Of lights on the property of a neighbor
      • Section IV Of the manner of carrying off rain from the roof
      • Section V Of the right of passage
    • Chapter IV Of services established by the act of man
      • Section I Of the different kinds of services which may be established by the act of man
      • Section II How services are acquired
      • Section III Of the rights of the proprietor of the estate to which the service is due
      • Section IV How Services are extinguished
• Book III Of the different manners of acquiring the property of things
  • Preliminary title General dispositions
  • Title I Of successions
    • Chapter I Of the different sorts of successions and heirs
    • Chapter II Of legal successions
      • Section I General rules
      • Section II Of the succession of descendants
      • Section III Of the succession of ascendants
      • Section IV Of the succession of collaterals
    • Chapter III Of irregular successions
    • Chapter IV In what manner successions are opened
    • Chapter V Of the incapacity and unworthiness of the heirs
    • Chapter VI In what manner a succession is accepted and how it is renounced
      • Section I Of the acceptance pure and simple
      • Section II Of the acceptance of a succession with the benefit of an inventory
    • Chapter VII Of the administration of vacant estates and estates ab intestato
    • Chapter VIII Of partition among heirs and of the collation of goods
      • Section I Of the nature of partition and in what manner it is made
      • Section II Of the collation of goods
      • Section III Of the payment of debts
      • Section IV Of the effect of partition and of its rescision
  • Title II Of donations inter vivos (between living persons) and mortis causa (in prospect of death)
    • Chapter I General dispositions
    • Chapter II Of the capacity necessary for disposing of and receiving by donation inter vivos or mortis causa
    • Chapter III Of the portion disposable, and of its reduction in case of excess
      • Section I Of the disposable portion and the legitime
      • Section II Of the reduction of dispositions inter vivos or mortis causa; of the manner in which it is made and of its effects
    • Chapter IV Of dispositions reprobated by the law in donations inter vivos and mortis causa
    • Chapter V Of donations inter vivos (between living)
      • Section I Of the irrevocability of donations inter vivos
      • Section II Of the form of donations inter vivos
      • Section III Of the exceptions to the rule of the irrevocability of donations inter vivos
    • Chapter VI Of dispositions mortis causa (in the prospect of death)
      • Section I Of testament or codicil
      • Section II Of the form of testaments and codicils
      • Section III Of testamentary dispositions
      • Section IV Of the institution of heir and of disinherison
      • Section V Of legacies
      • Section VI Of the opening and the proof of wills, and of testamentary executions
      • Section VII Of the revocation of testaments and codicils and of their caducity
      • Section VIII Of the interpretation of testamentary dispositions
    • Chapter VII Of partitions made by parents among their descendants
    • Chapter VIII Of donations made by marriage contract to the husband or wife, and to the children to be born of the marriage
    • Chapter IX Of donations between married persons, either by marriage contract, or during the marriage
  • Title III Of contracts and of conventional obligations in general
    • Chapter I Preliminary dispositions
    • Chapter II Of the conditions essential to the validity of agreements
      • Section I Of consent
      • Section II Of the capability of the parties contracting
      • Section III Of the object and the matter of contracts
      • Section IV Of the cause
    • Chapter III Of the effect of obligations
      • Section I General dispositions
      • Section II Of the obligation of giving
      • Section III Of the obligations of doing or of not doing
      • Section IV Of the damages resulting from the non execution of the obligation
      • Section V Of the interpretation of the agreements
      • Section VI Of the effect of agreements with regard to persons not parties to them
    • Chapter IV Of the different kinds of obligations
      • Section I Of conditional obligations
        • § 1 Of the condition in general and of its different kinds
        • § 2 Of the suspensive condition
        • § 3 Of the dissolving condition
      • Section II Of obligations to be performed at a certain term
      • Section III Of the alternative obligations
      • Section IV Of obligations in solido or jointly and severally
        • § 1 Of the obligation in solido between creditors
        • § 2 Of the obligation in solido on the part of debtors
      • Section V Of obligations divisible and indivisible
        • § 1 Of the effects of a divisible obligation
        • § 2 Of the effect of the indivisible obligation
      • Section VI Of obligations with penal clauses
    • Chapter V Of the extinction of obligations
      • Section I Of payment
        • § 1 Of payment in general
        • § 2 Of payment with subrogation
        • § 3 Of the imputation of payments
        • § 4 Of tenders of payment, and consignment
        • § 5 Of the surrender of property
      • Section II Of novation
      • Section III Of the remission of the debt
      • Section IV Of compensation
      • Section V Of confusion
      • Section VI Of the loss of the thing due
      • Section VII Of the action of nullity or of rescission of agreements
    • Chapter VI Of the proof of obligations and of that of payment
      • Section I Of the literal proof
        • § 1 Of the authentic title
        • § 2 Of the acts under private signature
        • § 3 Of copies of titles
        • § 4 Of recognitive and confirmative acts
      • Section II Of testimonial proof
      • Section III Of presumptions
        • § 1 Of presumptions established by law
        • § 2 Of presumption not established by law
      • Section IV Of the confession of the party
      • Section V Of the proof by oath
  • Title IV Of engagements formed without agreements, or of quasi contracts and quasi offences
    • Section I Of the quasi contract
    • Section II Of quasi crimes or offences
  • Title V Of marriage contract
    • Chapter I General dispositions
    • Chapter II Of the various kinds of matrimonial agreements
      • Section I Of donations made in consideration of marriage
      • Section II Of dowry or marriage portion
      • Section III Of paraphernalia or extra dotal effects
      • Section IV Of the partnership or community of acquests or gains
    • Chapter III Of the separation of property
  • Title VI Of sale
    • Chapter I Of the nature and form of the contract of sale, and of the manner in which it is to be performed
    • Chapter II Of persons capable of buying and selling, and of things which may be sold
    • Chapter III Of the obligations of the seller
      • Section I Of the tradition or delivery of the thing sold
      • Section II Of the warranty, in case of eviction of the thing sold
      • Section III Of the warranty of the defects of the thing sold or of the redhibitory vices
    • Chapter IV Of the obligations of the buyer
    • Chapter V Of the nullity and rescissions of the sale
      • Section I Of the power or right of redemption
      • Section II Of the rescission of sales on account of lesion
    • Chapter VI Of sales by cant or auction
    • Chapter VII Of the assignment or transfer of debts and other incorporeal rights
  • Title VII Of exchange
  • Title VIII Of letting and hiring
    • Chapter I Of the several species of contracts for letting and hiring
    • Chapter II Of the contract for letting out things
      • Section I Of the form and duration of leases
      • Section II Of the obligations of the lessor
      • Section III Of the obligations of the lessee
      • Section IV Of the dissolution of leases
    • Chapter III Of the letting out of labour or industry
      • Section I Of the hiring of servants and workmen
      • Section II Of carriers and watermen
      • Section III Of plots for buildings and other works
  • Title IX Of partnership
    • Chapter I General dispositions
    • Chapter II Of the various kinds of partnerships
    • Chapter III Of the obligations of partners towards each other, and towards third persons
      • Section I Of the obligations of partners towards each other
      • Section II Of the obligations of partners towards third persons
    • Chapter IV Of the different manners in which partnerships end
  • Title X Of loan
    • Chapter I Of the loan for use or commodatum
      • Section I Of the nature of the loan for use
      • Section II Of the engagements of the borrower for use
      • Section III Of the engagements of the lender for use
    • Chapter II Of the loan for consumption or mutuum
      • Section I Of the nature of the loan for consumption
      • Section II Of the obligations of the lender for consumption
      • Section III Of the engagements of the borrower for consumption
    • Chapter III Of loan on interest
  • Title XI Of deposit and sequestration
    • Chapter I Of deposit in general and of its divers kinds
    • Chapter II Of the deposit properly so called
      • Section I Of the nature and essence of the contract of deposit
      • Section II Of the obligations of the depository
      • Section III Of the obligations of him by whom the deposit has been made
      • Section IV Of the necessary deposit
    • Chapter III Of sequestration
      • Section I Of its different species
      • Section II Of the conventional sequestration
      • Section III Of the judicial sequestration or deposit
  • Title XII Of aleatory contracts
  • Title XIII Of mandate or commission
    • Chapter I Of the nature of proxies, mandates and commissions
    • Chapter II What persons may be appointed attornies in fact
    • Chapter III Of the obligations of a person acting under a power of attorney
    • Chapter IV Of the obligations of the principal who acts by his attorney in fact
    • Chapter V How the procuration expires
  • Title XIV Of suretyship
    • Chapter I Of the nature and extent of suretyship
    • Chapter II Of the effects of suretyship
      • Section I Of the effects of suretyship between the creditor and the surety
      • Section II Of the effects of suretyship between the debtor and the surety
      • Section III Respecting the effects of suretyship between the sureties
    • Chapter III Of the extinction of suretyship
    • Chapter IV Of the legal and judicial sureties
  • Title XV Of transactions
  • Title XVI Of respite
  • Title XVII Of compromises or arbitration
  • Title XVIII Of pledge
  • Title XIX Of privileges and mortgages
    • Chapter I Of the nature of a mortgage and of its several sorts
    • Chapter II Who may mortgage and what thing may be mortgaged
    • Chapter III Of the effects of mortgage
      • Section I Of the effects of mortgage with regard to the debtor
      • Section II Of the effects of mortgages against third possessors and of the action of mortgage
      • Section III Of the registering of mortgages and of the register kept for that purpose
    • Chapter IV Of the order of privileges and mortgages
      • Section I Of the preference and order of privileges
    • Chapter V How privileges or mortgages expire or are extinguished
  • Title XX Of occupancy, possession and prescription
    • Chapter I Of occupancy
    • Chapter II Of possession
    • Chapter III Of prescription
      • Section I Of the possession required to establish prescription
      • Section II Of the causes which suspend or interrupt prescriptions
      • Section III Of the several species of prescription
  • Title XXI Of the title by judgment or seizure
• Index
• Manuscript index
• Manuscript index Part 2

TITRE 4 -DU MARI ET DE LA FEMME

 

CHAPITRE PREMIER - DU MARIAGE

Art. 1. .. Sect. 1. de l'acte du 6 avril 1807.

Art. 2. .. Sect. 3 du susdit acte

Art. 3. .. L. 3. 7. t. 2. part. 4... Poth. mariage vol. 2. N° 442. p. 74. Sect. 4. acte du 6 avril 1807.

  

CHAPITRE 2 - COMMENT LES MARIAGES PEUVENT SE CONTRACTER

Art. 4. .. LL. 5. 6 et 7. tit. 2. part. 4... Sect. 5. acte du 6 avril 1807....Pothier, mariages vol. 1. 3^eme & 4^e part.

Art. 5. .. ll.10 et 15. t. 2. part. 4... S. 6. acte 6 avril 1807... Poth. mariage N° 306 à 319 inclu.

Art. 6. .. L. 6. t. 1. part. 4...voyez les formalités prescrites par l'acte du 6 avril 1807 pour les mariages des mineurs.-

Art. 7. .. Sect. 10. acte du 6 avril 1807.

Art. 8. .. L. 11. t. 2. et l. 1. t. 5. part. 4... Sect. 13. acte 6 avril 1807.

Art. 9. .. L. 12. t. 2 et l. 4. t. 6. part. 4... Sect.14. acte 6 avril 1807... Poth. mariages vol. 1. N° 132. p. 159.

Art  10. .. L. 12. t. 2 et 4. t. 6. Part. 4... Sect. 15. Acte 6 avril 1807....Pothier, mariage vol. 1. N° 133 à 149. inclu.

Art. 11. .. Pragmatique du 23 mars 1776 qui se voit au Théâtre de Xavier Perez vol. 19. p. 293. art. 1 et 2... Sect. 16. acte 6 avril 1807... Poth.  mariage vol. 1. part. 4. S. 2. art. 1. p. 376 & suivantes.-

Art. 12. .. Voyez l'acte du 6 avril 1807.

 

CHAPITRE 3 - DES DEMANDES EN NULLITÉ DE MARIAGE

Art. 13. .. L. 1. t. 9. Part. 4... s. 47. acte 6 avril 1807... Poth. mariage vol. 2. p. 78. N° 444 à la fin.

Art. 14. .. L. 10. t. 2. Part. 4... S. 48 acte 6 avril 1807.

Art. 15. .. Prag^que ci-dessus citée art. 3.. S. 49. acte 6 avril 1807.

Art. 16. .. L. 3. t. 9. Part. 4... S. 50 et 51. acte 6 avril 1807... Poth. marriage vol. 2. N^os 449. 451.

Art. 17. .. Poth. mariage. vol. 2. N° 448. p. 81.

Art. 18. ..

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© Manuscript notes copyright 1968 by Louis V. de la Vergne.