Civil Law Flashcards

What distinguishes Louisiana's civil law system from the common law systems used in other U.S. states?

Answer: Louisiana's private law is codified and based on French and Spanish legal traditions

Louisiana's private law derives from the French Napoleonic Code and Spanish colonial law, unlike the English common law tradition of other states.

In Louisiana civil law, what is the difference between a real right and a personal right?

Answer: A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons

Real rights attach to things and are enforceable against everyone, while personal rights arise from obligations between specific parties.

Under Louisiana's civilian methodology, what is the primary source of law that courts must apply?

Answer: Legislation and the Civil Code

In Louisiana's civil law tradition, legislation including the Civil Code is the primary source of law.

What does the Louisiana Civil Code principle of juridical acts encompass?

Answer: Any lawful volitional act intended to create, modify, or extinguish legal relations

A juridical act is a volitional act intended to produce legal consequences, broader than just contracts.

In Louisiana, what is the doctrine of unjust enrichment (enrichment without cause)?

Answer: A quasi-contractual remedy allowing recovery when one party is enriched at another's expense without legal justification

Enrichment without cause allows a person impoverished at another's expense to recover the lesser of the enrichment or impoverishment.

How does Louisiana civil law classify things (property)?

Answer: Movables and immovables

Louisiana follows the civilian classification of things as movables and immovables, rather than the common law distinction.

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.