Civil Law to Common Law Dictionary · Kinsella Page 3
Civil Law Concept Definition
Authentic act A writing executed before a notary public or other authorizedofficer, in the presence of two witnesses, and signed by eachparty, by each witness, and by the notary public, all in thepresence of each other.
Bateau, PirogueA bateau is a small, flat-bottomed
, typically made of aluminum and often used on bodies of water in Louisiana forpurposes such as hunting.
A pirogue is similar to a
,used--and often raced--on swamps, rivers and bayous.
Boudreaux and Thibodeaux Typical Cajun characters used in jokes, such as “Boudreauxand Thibodeaux were fishing one day . . . .” When a thirdcharacter is needed, Pierre, Tee-Boy, or Arceneaux are oftenused.
.Caducity Caducity is a failure or lapse of a testamentary gift, forexample, where a
is revoked by the subsequentbirth of a
child to the testator, unless the testatorhas made testamentary provision to the contrary or has madetestamentary provision for such child.
(i.e., those that arise from
) cannot exist without a lawful cause. Cause is thereason why a party obligates himself.
Cause is not the samething as
. “The reason why a party bindshimself need not be to obtain something in return or to securean advantage for himself. An obligor may bind himself by agratuitous contract, that is, he may obligate himself for thebenefit of the other party without obtaining any advantage inreturn.”
Civil Fruits See F
.Civil law, CivilianOften, the term
refers to laws concerned withprivate rights and remedies, as opposed to criminal laws. InLouisiana, however, “civil law” (or “civilian” or relatedexpressions) is usually used to distinguish a system of lawbased upon the Roman legal tradition from a system based onthe English common law. A civil law lawyer is also referredto as a civilian.
Civil possession Once possession of a
is acquired, possession isretained by the intent to possess as owner even if thepossessor ceases to possess
ly. This is known as