Civil Law Flashcards

Under Louisiana law, what is the principle of liberative prescription?

Answer: The extinction of a right due to the failure to exercise it within a specified time period

Liberative prescription extinguishes a right or action that has not been exercised within the time period fixed by law.

What is acquisitive prescription (usucaption) in Louisiana civil law?

Answer: Acquisition of ownership through continuous possession for a legally prescribed period

Acquisitive prescription allows a possessor to become the owner of property through continuous, uninterrupted possession for the time fixed by law.

In Louisiana's civil law system, what is the role of doctrine as a source of law?

Answer: It refers to scholarly writings and legal commentaries that serve as persuasive authority for interpreting the code

Doctrine refers to scholarly commentary that helps courts interpret the Civil Code, serving as persuasive but not binding authority.

Under Louisiana civil law, what is a synallagmatic contract?

Answer: A contract where both parties are bound to perform reciprocal obligations

A synallagmatic (bilateral) contract creates reciprocal obligations for both parties.

What is the concept of cause in Louisiana contract law?

Answer: The reason or motive why a party enters into a contract, which must be lawful for the contract to be valid

Cause is the reason why a party obligates himself; it must be lawful for the obligation to be valid.

How does Louisiana law handle the concept of solidarity among obligors?

Answer: Each solidary obligor can be held liable for the entire obligation, with rights of contribution among co-obligors

Solidary obligors are each liable for the whole debt; the obligee may demand full performance from any one of them.