D

DATION EN PAIEMENT
The giving by a debtor to a creditor of something other than money to cancel a debt. Usually a dation is made of mortgaged property to the mortgage holder in exchange for canceling the debt.

DEVOLUTIVE APPEAL
An appeal that does not suspend the execution of a judgment.

DIVORCE A VINCULO MATRIMONII
An absolute divorce that totally releases the parties from their matrimonial obligation.

DOMICILE
A place of permanent residence in which a person always intends to remain and to return when traveling elsewhere.
 

E

EARNEST
A payment of part of the price for the purpose of validating the contract.

EMANCIPATION
Surrender of parental duties with the concurrent granting to a minor of the legal status of adult. Some types of emancipation can be partial.

EVICTION
The removal of a tenant from an owner's property through judicial process.

EXCEPTION
A pleading that is filed to delay or dismiss a suit without necessarily making a legal appearance before the court.

EXECUTOR (female: Executrix)
Person appointed in a will to carry out the deceased's instructions and dispose of the property in accordance with the deceased's wishes.
 

F

FORCED HEIRS
Those persons who must receive a por­tion of a deceased's estate in a proportion set by law.

FORCED PORTION
The amount a forced heir must receive. Can be used interchangeably with “legitime.”

H

HEIR
One who is entitled to receive the property of a deceased either by will or by operation of law. The more technical definition in Louisiana is one who inherits when the deceased had no will, as opposed to a legatee who inherits through a will.

I

INCEST
Sexual intercourse between parties related by blood in the degree prohibited by law.

INJUNCTION
A court order forbidding a defendant from doing something or allowing a plaintiff to do something.

INNOMINATE
Having no classification. In the law of contracts, a type of contract that falls under general con­tract law since it is not classified under a particular statute.

IN SOLIDO
An obligation where several obligors may each be individually liable for the whole obligation.

INTERDICTION
A court proceeding to declare a person incapable of managing his own affairs because of physical or mental disability. The person interdicted is called an interdict and the person appointed is called a tutor.

INTERLOCUTORY
A temporary judgment or decree which decides some point but is not final in nature.

INTERROGATORIES
A set of written questions propounded to an opposing party to gain information or to force admissions that can be used at trial.

INTESTATE
Without a will. When a person dies intestate, Louisiana law determines who will inherit his property.

L

LAWYER
A person licensed to practice law. Commonly used interchangeably with attorney.

LEGITIME
The portion of an estate that a forced heir is entitled to inherit. This can also be called the forced por­tion.

LESION
The harm suffered by a seller who does not receive a fair amount for the property which he has sold.

LESION BEYOND MOIETY
The harm suffered by a seller who does not receive at least one-half the value of the property he has sold.

M

MAJORITY
Age at which a person has all the rights of an adult.

MALPRACTICE
Unreasonable lack of skill or care by someone who practices a given profession.

MARRIAGE CONTRACT
An agreement between married persons, or those who intend to be married, usually as to their respective property rights.

MYSTIC WILL
A will that is written by hand, sealed in an envelope, and then the envelope is signed by the maker, witnessed and notarized. No longer recognized as a separate type of will in Louisiana, although it may still qualify as an olographic will.

N

NE VARIETUR
“It must not be altered.” Phrase placed on a note by a notary to identify the note in connection with an act of mortgage. Also used in other types of legal documents.

NOTARIAL WILL
A will usually prepared by a notary or lawyer that must be witnessed, notarized, dated, signed on each page, and must have an attestation clause at the end. Formerly called a statutory will.

NOTARY PUBLIC
 An officer authorized to administer oaths and certify signatures. In Louisiana, the notary has many other powers, such as preparing wills.

O

OLOGRAPHIC WILL
A will written by the testator. To be valid it must be entirely written, dated and signed in the hand of the testator.  

P

PAROL EVIDENCE
Evidence given by mouth. Often not allowed in court when used to dispute written agreements.

POWER OF ATTORNEY
A written authorization giving another person power to do specific or general acts for the person giving the power.

PRELIMINARY DEFAULT
A judgment that is entered into the court minutes reflecting a request or motion by a plaintiff to recognize that a defendant has not filed an answer or opposition within the time period allowed.

PRESCRIPTION
A time period the running of which creates or terminates rights. For example, a suit for wrongful injury usually must be brought within one year or the right to sue is lost.

PROBATE
Literally means "to prove." In a legal sense it means the proving of a will and, in general, the procedure used to file a will, make sure creditors and taxes are paid, and put the legatees in possession of their share of the estate.

PRO-SE
“For himself.” Applies to a person who is repre­senting himself without an attorney.

PUTATIVE MARRIAGE A marriage contracted in good faith where one or both parties are ignorant of an impedi­ment which makes the marriage unlawful.

Q

QDRO
Qualified domestic relations order. With some property settlements, usually in connection with a divorce, federal law requires that the property settlement be approved if retirement rights are involved. In Louisiana, it is frequently the case that retirement benefits will be part of the property dispute since community property laws include retirement benefits as a community asset. To properly divide theses assets, the plan administrator must approve the division and the divisions must be by a court order.

QUANTUM MERUIT
“As much as he deserves.” A right to receive payment for services even when there is no express contract.

R

RECIPROCAL WILLS
Wills made by two or more parties that make similar provisions in favor of each other. In Louisiana, the wills must be separate documents.

RECONCILIATION
The renewal of relations between married people after a separation. A reconciliation after a judicial separation acts to void the judgment of separation.

REDHIBITION
The avoidance of a sale because of a de­fect in the thing sold which renders the thing useless or so imperfect that it can be presumed that the buyer would not have bought the thing had he known of the defect.

S

SETTLOR
One who creates a trust.

SIMULATED SALE
A sale which appears to be genuine but which in fact is intended to defraud creditors or other parties.

SMALL SUCCESSION
A succession that has a gross value of less than $50,000.

SPENDTHRIFT TRUST
A trust that is created with cer­tain provisions that prevent the beneficiary from selling or mortgaging his interest in the trust.

STATUTORY WILL
A will which is dated, signed by the testator on each page, executed before a notary and two witnesses, and which is attested by the testator, witnesses and notary. This is now properly called a "Notarial Will."

SUCCESSION
The estate of the deceased as well as the act of determining and transferring the estate and rights to the heirs or legatees --the successors.

T

TESTAMENT
A written disposition of property to take effect after the maker's death. It is used interchangeably with the term "will," but the strict definition is that of a will of personal property only, not real estate.

TESTATE
A succession in which there is a valid will.

TESTATOR (Female: Testatrix)
The person who makes a will.

TORT
A wrong done by one person to another.

TRUST
A right or property held by one party, the trustee, for the benefit of another, the beneficiary.

TUTOR (Female: Tutrix)
One who has the care of a minor and the administration of his estate. Can be used almost interchangeably with the word “guardian.”
 

U

USUFRUCT
The right to enjoy and use a thing that belongs to another and to take all the income and utility of the thing as long as the substance of the thing is not altered. The usufruct of money or consumables implies the right to use the thing entirely up.

W

WILL
The written wishes of a person as to the disposition of his property after his death, as to the appointment of his executor, and as to the tutor of his children.

WORKER'S COMPENSATION
A set of statutes that pro­vide for payments to workers and their dependents when the worker is injured as the result of his employment.

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