© Robert de Berardinis • 6403 Ella Lee LN • Houston, TX 77057 • redeb@wt.net

Civil Code Terms à forfait et sans garantie – no recourse on commercial paper. achat – purchase. acquèts – gains other than by succession. action – share of stock. adjudication – sale at public auction. arrogation – adopted at age of majority or older. assignation – a summons. bastardy – illegitimate birth, three types:

1. adulterine – one or more parents are married to some one else, 2. natural – both parents are single and could have married, and 3. special – both parents are single and later do marry without an intervening

marriage on either part. This legitimizes the child in most states, except Louisiana until 1870s.

batture – the piece of land which runs from the legal bank/edge to the middle of the water course dividing it from other parcels of land.

biens – movable and immovable property gains other than by succession. bon – check or voucher (a promise to pay upon demand). bordereau – statement of account. carrera/carrière – road right of way. censo – annuity; 4 types:

1. al quitar – redeemable annuity, 2. consignativo – transferable for a fee, 3. enfitentico – issued in exchange for land without fee simple, and 4. reservatio – in exchange for perfect title to land.

cessions des biens – bankruptcy. conquèts – additions to the community property. conseil de famille (also réunion de famille) – a judicially ordered family meeting. Held

when minor children are heirs, called by judge, presided by notary/judge/justice of the peace, at least five people are present including one additional disinterested witness.

conveyance – transfer, usually applied to immovable or real property. crédit – security for a loan. domicile – legal residence. donation – a gift, either inter vivos (between living persons, while living) or mortis causa

(in anticipation of death). Mortis causa severely restricted in time. 3 kinds: 1. pura – given without compulsion or consideration, solely generous, 2. remuneratoria – given for past services, often done in pre-1827 emancipations,

and 3. sub modo – to achieve some end not necessarily to the benefit of the donee, as

in an endowment for a building.

droit – right, as in “…inalienable rights to life, liberty, and the pursuit of happiness.” It also means right, as in right hand or right side.

© Robert de Berardinis • 6403 Ella Lee LN • Houston, TX 77057 • redeb@wt.net

greffe – clerk of court, notary. homologate – formal court approval or judgment. hypothèque – mortgage. immovables/immeubles – usually real property, defined in three ways:

1. by their nature, e.g., land, 2. from their origination, e.g., leased animals or agricultural tools, and 3. by attachment, e.g., easement or new wing on house.

institor – agent, not in legal sense, clerk, as in store clerk. legitime - the portion of an estate which is forced to devolve to the legitimate heirs. movables/meubles – what isn’t an immovable, including slaves, defined two ways:

1. by their nature, and 2. from the determination of law, e.g., obligations.

obligation – bond or interest bearing promissory note. oûter le main – “out of the hand,” minor receives his inheritance at age of majority or

claim. preuve – evidence. In the term, cours de preuves, a court of succession or probate court,

or court competent to her successions is meant. procuration – broad sense, agency; more common and narrower sense, power of attorney. purchaser – buyer, usually applied to slaves and immovables. succession – the fact of the transmission of the rights, estate, obligations, and charges of a

deceased person to his heir or heirs. They can be either intestate or testamentary, natural or regular. Successions are always secondary to the marriage contract.

suerte – a piece of ground, almost always found in urban environments, too small to build a house upon.

tutor/tutrix – male/female guardian of minor children. usufruct/utilisation des fruits – income/rents given by will or contract to one person (99%

for wife) whereas ownership given to another (99% for children). vendor – seller, usually applied to slaves and immovables.