ACT
(Acts 4 of 1988, 13 of 1989, 12 of 1991, 4 of 1993, 6 of 1994, 2 of 1995, 11 of 2004, 1 of 2008, 14 of 2008, 9 of 2010, 8 of 2014 and 10 of 2014)
Promulgated under authority of an Act appearing as Chapter 42 of the 1889 Revision .. in force 20 October 1879
Amended by Law 91–1889 Edition, 1916 Revision Appendix, 10 of 1904, 3 of 1912, 6 of 1913, 15 of 1916, 23 of 1916, 20 of 1918, 14 of 1930, 33 of 1933, 11 of 1936, 32 of 1939, 19 of 1949 and 34 of 1956
Amended by Act 4 of 1988 .. in force 21 May, 1988
Amended by Act 13 of 1989 .. in force 30 December, 1989
Amended by Act 12 of 1991 .. in force 4 January, 1992
Amended by Act 4 of 1993 .. in force 17 April, 1993
Amended by Act 6 of 1994 .. in force 30 July, 1994
Amended by Act 2 of 1995 .. in force 1 February, 1995
Amended by Act 11 of 2004 .. in force 9 August 2004
Amended by Act 1 of 2008 .. in force 11 February 2008
Amended by Act 14 of 2008 .. in force 27 October 2008
Amended by Act 9 of 2010 .. in force 17 March 2010
Amended by Act 8 of 2014 .. in force 12 May 2014
Amended by Act 10 of 2014 .. in force 12 May 2014
ARRANGEMENT OF CODE
INTRODUCTORY CHAPTER
PROVISIONS IN RESPECT OF THE LAWS IN GENERAL
| Section I | Interpretation |
| Section II | The Effect, Application and Execution of the Laws in General |
PART FIRST
PERSONS
BOOK FIRST
THE ENJOYMENT AND LOSS OF CIVIL RIGHTS
CHAPTER FIRST
THE ENJOYMENT OF CIVIL RIGHTS
CHAPTER SECOND
THE LOSS OF CIVIL RIGHTS
BOOK SECOND
RECORDS OF CIVIL STATUS
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
RECORDS OF BAPTISMS OR DEDICATIONS
| Section I | Registration of baptisms or dedications |
| Section II | Re-registration of births of legitimated persons |
CHAPTER THIRD
RECORDS OF MARRIAGES
CHAPTER FOURTH
RECORDS OF BURIAL
CHAPTER FIFTH
THE RECTIFICATION OF RECORDS OF CIVIL STATUS
CHAPTER SIXTH
RENEWAL OF WORN OUT REGISTERS
BOOK THIRD
DOMICILE
BOOK FOURTH
ABSENTEES
GENERAL PROVISION
CHAPTER FIRST
CURATORSHIP TO ABSENTEES
CHAPTER SECOND
THE PROVISIONAL POSSESSION OF THE HEIRS OF ABSENTEES
CHAPTER THIRD
THE EFFECT OF ABSENCE IN RELATION TO CONTINGENT RIGHTS WHICH MAY ACCRUE TO THE ABSENTEE
CHAPTER FOURTH
THE EFFECTS OF ABSENCE IN RELATION TO MARRIAGE
CHAPTER FIFTH
THE CARE OF MINOR CHILDREN OF AN ABSENTEE FATHER
BOOK FIFTH
MARRIAGE
CHAPTER FIRST
CONDITIONS NECESSARY FOR CONTRACTING MARRIAGE
CHAPTER SECOND
THE FORMALITIES TO BE OBSERVED ON THE CELEBRATION OF MARRIAGE
CHAPTER THIRD
OPPOSITIONS TO MARRIAGE
CHAPTER FOURTH
ACTIONS FOR ANNULLING MARRIAGE
CHAPTER FIFTH
THE OBLIGATIONS ARISING FROM MARRIAGE
CHAPTER SIXTH
THE RESPECTIVE RIGHTS OF HUSBAND AND WIFE
CHAPTER SEVENTH
THE DISSOLUTION OF MARRIAGE
BOOK SIXTH
SEPARATION FROM BED AND BOARD
CHAPTER FIRST
THE CAUSES OF SEPARATION FROM BED AND BOARD
CHAPTER SECOND
THE FORMALITIES OF THE ACTION FOR SEPARATION FROM BED AND BOARD
CHAPTER THIRD
THE PROVISIONAL MEASURES TO WHICH THE ACTION FOR SEPARATION FROM BED AND BOARD MAY GIVE RISE
CHAPTER FOURTH
THE EFFECTS OF SEPARATION FROM BED AND BOARD
BOOK SEVENTH
FILIATION
CHAPTER FIRST
THE FILIATION OF CHILDREN WHO ARE LEGITIMATE OR CONCEIVED DURING MARRIAGE
CHAPTER SECOND
THE EVIDENCE OF THE FILIATION OF LEGITIMATE CHILDREN
CHAPTER THIRD
ILLEGITIMATE CHILDREN
BOOK EIGHTH
PARENTAL AUTHORITY
BOOK NINTH
MINORITY AND TUTORSHIP
CHAPTER FIRST
MINORITY
CHAPTER SECOND
TUTORSHIP
| Section I | Appointment of Tutors |
| Section II | Incapacity for Tutorship and Exclusion and Removal from it |
| Section III | The Administration of Tutors |
| Section IV | The Account of Tutorship |
CHAPTER THIRD
MISCELLANEOUS PROVISIONS
BOOK TENTH
MAJORITY, INQUISITION AS TO UNSOUNDNESS OF MIND, CURATORSHIP AND RECEIVERS
CHAPTER FIRST
MAJORITY
CHAPTER SECOND
INQUISITION AS TO UNSOUNDNESS OF MIND
CHAPTER THIRD
CURATORSHIP
CHAPTER FOURTH
RECEIVERS
BOOK ELEVENTH
CORPORATIONS
CHAPTER FIRST
THE NATURE, CREATION, AND DIFFERENT KINDS OF CORPORATIONS
CHAPTER SECOND
THE RIGHTS, PRIVILEGES, AND DISABILITIES OF CORPORATIONS
| Section I | The Rights of Corporations |
| Section II | The Privileges of Corporations |
| Section III | The Disabilities of Corporations |
CHAPTER THIRD
THE DISSOLUTION AND LIQUIDATION OF CORPORATIONS
| Section I | The Dissolution of Corporations |
| Section II | The Liquidation of Dissolved Corporations |
PART SECOND
PROPERTY, ITS OWNERSHIP AND DIFFERENT MODIFICATIONS
BOOK FIRST
THE DIFFERENT KINDS OF PROPERTY
CHAPTER FIRST
IMMOVABLES
CHAPTER SECOND
MOVABLES
CHAPTER THIRD
PROPERTY IN ITS RELATIONS TO ITS OWNERS OR POSSESSORS
BOOK SECOND
OWNERSHIP
CHAPTER FIRST
THE RIGHT OF ACCESSION IN RESPECT OF WHAT IS PRODUCED BY A THING
CHAPTER SECOND
THE RIGHT OF ACCESSION IN RESPECT OF WHAT BECOMES UNITED AND INCORPORATED WITH A THING
| Section I | The right of accession in relation to immovable property |
| Section II | The Right of accession in relation to movable property |
BOOK THIRD
USUFRUCT, USE AND HABITATION
CHAPTER FIRST
USUFRUCT
| Section I | The rights of the Usufructuary |
| Section II | The obligations of the usufructuary |
| Section III | The Termination of Usufruct |
CHAPTER SECOND
USE AND HABITATION
BOOK FOURTH
SERVITUDES
GENERAL PROVISIONS
CHAPTER FIRST
SERVITUDES WHICH ARISE FROM THE SITUATION OF PROPERTY
CHAPTER SECOND
SERVITUDES ESTABLISHED BY LAW
| Section I | Division Walls and Ditches, and Clearance |
| Section II | The distance and the intermediate works required for certain structures |
| Section III | View on the property of a neighbour |
| Section IV | The eaves of roofs |
| Section V | The Right of Way |
CHAPTER THIRD
SERVITUDES ESTABLISHED BY PRIVATE ACT
| Section I | The Different Kinds Of Servitudes Which May Be Established |
| Section II | How Servitudes are Established |
| Section III | The Rights Of The Proprietor Of The Land To Which The Servitude Is Due |
| Section IV | The Extinction of Servitudes |
BOOK FIFTH
EMPHYTEUSIS
| Section I | General Provisions |
| Section II | The Rights And Obligations Of The Lessor And Of The Lessee |
| Section III | The Termination Of Emphyteusis |
PART THIRD
THE ACQUISITION AND EXERCISE OF RIGHTS OF PROPERTY
GENERAL PROVISIONS
BOOK FIRST
SUCCESSIONS
GENERAL PROVISIONS
CHAPTER FIRST
DEVOLUTION OF SUCCESSIONS AND THE SEIZIN OF HEIRS
| Section I | Devolution of Successions |
| Section II | The Seizin of Heirs |
CHAPTER SECOND
THE QUALITIES REQUISITE TO INHERIT
CHAPTER THIRD
THE DIFFERENT ORDERS OF SUCCESSION
| Section I | General Provisions |
| Section II | Representation |
| Section III | Successions Devolving to the Surviving Spouse and Descendants |
| Section IV | Successions Devolving to Ascendants |
| Section V | Collateral Successions |
| Section VI | Other Successions |
CHAPTER FOURTH
ADMINISTRATION OF SUCCESSIONS
CHAPTER FIFTH
PARTITION AND RETURNS
| Section I | The action of partition and its form |
| Section IA | Special provisions with respect to partition actions |
| Section II | Returns |
| Section III | Payment of debts |
| Section IV | The Effects of Partition and of the Warranty of Shares |
| Section V | Rescission in Matters of Partition |
BOOK SECOND
GIFTS INTER VIVOS AND BY WILL
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
GIFTS INTER VIVOS
| Section I | The Capacity to Give and to Receive by Gift Inter Vivos |
| Section II | The form of Gifts and their Acceptance |
| Section III | The effect of gifts |
| Section IV | Registration as regards gifts inter vivos in particular |
| Section V | The Revocation of gifts |
| Section VI | Gifts by contract of marriage whether of present property or made in contemplation of death |
CHAPTER THIRD
WILLS
| Section I | The capacity to give and to receive by will |
| Section II | The form of wills |
| Section III | Probate and proof of wills |
| Section IV | Legacies |
| § 1. | Legacies in General |
| § 2. | Universal and General Legacies |
| § 3. | Particular Legacies |
| Section V | The Revocation and Lapse of Wills and Legacies |
| Section VI | Testamentary Executors |
CHAPTER FOURTH
SUBSTITUTIONS
| Section I | Rules concerning the Nature and Form of Substitutions |
| Section II | The Registration of Substitutions |
| Section III | Substitutions Before They Come into Operation |
| Section IV | The Coming into Operation of Substitutions and the Delivery of the Property to the Substitute |
| Section V | The Prohibition To Alienate |
CHAPTER FIFTH
TRUSTS
BOOK THIRD
OBLIGATIONS
GENERAL PROVISIONS
CHAPTER SIXTH
CONTRACTS
| Section I | The Requisites for the Validity of Contracts |
| § 1. | Legal Capacity to Contract |
| § 2. | Consent |
| § 3. | Cause or Consideration of Contracts |
| § 4. | Subject of Contracts |
| Section II | Causes of Nullity in Contracts |
| § 1. | Error |
| § 2. | Fraud |
| § 3. | Violence and Fear |
| § 4. | Lesion |
| Section III | The Interpretation of Contracts |
| Section IV | The Effect of Contracts |
| Section V | The effect of contracts with regard to third persons |
| Section VI | Avoidance of Contracts and Payments made in fraud of Creditors |
CHAPTER SECOND
QUASI-CONTRACTS
| Section I | The Quasi-contract Negotiorum Gestio |
| Section II | The Reception of a Thing not Due |
CHAPTER THIRD
DELICTS AND QUASI-DELICTS
CHAPTER FOURTH
OBLIGATIONS WHICH ARISE FROM OTHER CAUSES THAN THOSE HITHERTO SPECIFIED
CHAPTER FIFTH
SUBJECT OF OBLIGATIONS
CHAPTER SIXTH
EFFECT OF OBLIGATIONS
| Section I | General Provisions |
| Section II | Defaults |
| Section III | Damages for Non-Fulfilment of Obligations |
CHAPTER SEVENTH
DIFFERENT KINDS OF OBLIGATIONS
| Section I | Conditional Obligations |
| Section II | Obligations With A Term |
| Section III | Alternative Obligations |
| Section IV | Joint And Several Obligations |
| § 1. | Joint and Several Interest among Creditors |
| § 2. | Debtors Jointly and Severally Bound |
| Section V | Divisible And Indivisible Obligations |
| Section VI | Obligations with a Penal Clause |
CHAPTER EIGHTH
THE EXTINCTION OF OBLIGATIONS
| Section I | General Provisions |
| Section II | Payment |
| § 1. | General Provisions |
| § 2. | Payment with Subrogation |
| § 3. | The Application of Payments |
| § 4. | Tender and Deposit |
| Section III | Novation |
| Section IV | Release |
| Section V | Set-off |
| Section VI | Confusion |
| Section VII | Impossibility of performance |
CHAPTER NINTH
PROOF
| Section I | General Provisions |
| Section II | Proof by writing |
| § 1. | Authentic Writing |
| § 2. | Copies of Authentic Writings |
| § 3. | Certain Writings Executed out of Saint Lucia |
| § 4. | Private Writings |
| Section III | Oral Testimony |
| Section IV | Presumptions |
| Section V | Admissions |
| Section VI | The oaths of parties |
BOOK FOURTH
MARRIAGE COVENANTS AND THE EFFECT OF MARRIAGE UPON THE PROPERTY OF SPOUSES
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
COMMUNITY OF PROPERTY
| Section I | Legal Community |
| § 1. | The Assets and Liabilities of the Community |
| § 2. | The Administration of the Community and the effect of the acts of either Spouse in relation to the Conjugal Association |
| § 3. | The Dissolution of the Community |
| § 4. | The Acceptance and the Renunciation of the Community |
| § 5. | The Partition of the Community |
| | I. | The Partition of the Assets |
| | II. | The Liabilities of the Community and the Contribution to the Debts |
| § 6. | Renunciation of the Community and its Effects |
| Section II | Covenants Excluding Community |
| Section III | Supplemental provisions as to married persons and their property |
BOOK FIFTH
SALE
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
THE CAPACITY TO BUY OR SELL
CHAPTER THIRD
THINGS WHICH MAY BE SOLD
CHAPTER FOURTH
THE OBLIGATIONS OF THE SELLER
| Section I | General provisions |
| Section II | Delivery |
| Section III | Warranty |
| GENERAL PROVISIONS |
| § 1. | Warranty against Eviction |
| § 2. | Warranty against Latent Defects |
CHAPTER FIFTH
THE OBLIGATIONS OF THE BUYER
CHAPTER SIXTH
THE AVOIDANCE OF THE CONTRACT OF SALE
| Section I | The Right of Redemption |
| Section II | The Avoidance of Sale for Cause of Lesion |
| Section III | Retrait Lignager |
CHAPTER SEVENTH
SALE BY LICITATION
CHAPTER EIGHTH
SALE BY AUCTION
CHAPTER NINTH
THE SALE OF REGISTERED VESSELS
CHAPTER TENTH
THE SALE OF DEBTS AND OTHER INCORPOREAL PROPERTY
| Section I | The Sale of Debts and Rights of Action |
| Section II | The Sale of Successions |
| Section III | The Sale Of Litigious Rights |
CHAPTER ELEVENTH
FORCED SALES AND TRANSFERS RESEMBLING SALE
| Section I | Forced Sales |
| Section II | The Giving In Payment |
| Section III | Alienation For Rent |
BOOK SIXTH
EXCHANGE
BOOK SEVENTH
LEASE AND HIRE
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
THE LEASE OR HIRE OF THINGS
| Section I | General provisions |
| Section II | The obligations and rights of the lessor |
| Section III | The Obligations and Rights of the Lessee |
| Section IV | Rules particular to the Lease or Hire of Houses |
| Section V | Rules particular to the Lease and Hire of Farms and Estates |
| Section VI | The Termination of the Lease or Hire of Things |
CHAPTER THIRD
THE LEASE AND HIRE OF WORK
| Section I | General Provisions |
| Section II | The Lease and Hire of the Personal Service of Workmen, Servants, and others |
| Section III | Carriers |
| Section IV | Work by Estimate and Contract |
CHAPTER FOURTH
THE LEASE OF CATTLE ON SHARES
BOOK EIGHTH
AGENCY
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
THE OBLIGATIONS OF THE AGENT
| Section I | The obligations of the Agent toward the principal |
| Section II | The obligations of the agent toward third persons |
CHAPTER THIRD
THE OBLIGATIONS OF THE PRINCIPAL
| Section I | The obligations of the principal toward the agent |
| Section II | The obligations of the principal toward third persons |
CHAPTER FOURTH
ADVOCATES, ATTORNEYS, AND NOTARIES
CHAPTER FIFTH
BROKERS, FACTORS AND OTHER COMMERCIAL AGENTS
CHAPTER SIXTH
THE TERMINATION OF AGENCY
BOOK NINTH
LOAN
GENERAL PROVISIONS
CHAPTER FIRST
LOAN FOR USE
| Section I | General provisions |
| Section II | The obligations of the borrower |
| Section III | The obligations of the lender |
CHAPTER SECOND
LOAN FOR CONSUMPTION
| Section I | General provisions |
| Section II | The obligations of the lender |
| Section III | The obligations of the borrower |
CHAPTER THIRD
LOAN UPON INTEREST
CHAPTER FOURTH
CONSTITUTION OF RENT
BOOK TENTH
DEPOSIT
CHAPTER FIRST
SIMPLE DEPOSIT
| Section I | General provisions |
| Section II | Voluntary deposit |
| Section III | The obligations of the depositary |
| Section IV | The obligations of the depositor |
| Section V | Necessary deposit |
CHAPTER SECOND
SEQUESTRATION
| Section I | Conventional Sequestration |
| Section II | Judicial Sequestration |
BOOK ELEVENTH
PARTNERSHIP
BOOK TWELFTH
LIFE-RENTS
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
THE EFFECTS OF THE CONTRACT
BOOK THIRTEENTH
TRANSACTION
BOOK FOURTEENTH
GAMING CONTRACTS AND BETS
BOOK 15TH
SURETYSHIP
CHAPTER FIRST
THE NATURE, DIVISION, AND EXTENT OF SURETYSHIP
CHAPTER SECOND
THE EFFECT OF SURETYSHIP
| Section I | The effect of suretyship between the creditor and the surety |
| Section II | The effect of suretyship between the debtor and the surety |
| Section III | The effect of suretyship between co-sureties |
CHAPTER THIRD
THE EXTINCTION OF SURETYSHIP
CHAPTER FOURTH
LEGAL AND JUDICIAL SURETYSHIP
BOOK SIXTEENTH
PLEDGE
CHAPTER FIRST
THE PLEDGE OF IMMOVABLES
CHAPTER SECOND
PAWNING
BOOK SEVENTEENTH
PRIVILEGES AND HYPOTHECS
CHAPTER FIRST
PRELIMINARY PROVISIONS
CHAPTER SECOND
PRIVILEGES
GENERAL PROVISIONS
| Section I | Privileges upon movable Property |
| Section II | Privileges upon Immovables |
| Section III | How Privileges upon Immovables are retained |
CHAPTER THIRD
HYPOTHECS
| Section I | General Provisions |
| Section II | Legal Hypothec |
| § 1. | Legal Hypothec of Minors and Interdicted Persons |
| § 2. | Legal Hypothec of the Crown |
| Section III | Judicial Hypothec |
| Section IV | Conventional Hypothec |
| Section V | The Order in which Hypothecs Rank |
CHAPTER FOURTH
THE EFFECT OF PRIVILEGES AND HYPOTHECS WITH REGARD TO THE DEBTOR OR OTHER HOLDER OF HYPOTHECATED PROPERTY
| Section I | The Hypothecary Action |
| § 1. | The Exception of Discussion |
| § 2. | The Exception of Warranty |
| § 3. | The Exception of Subrogation |
| § 4. | The Exception resulting from Improvements |
| § 5. | The Exception resulting from a Privileged Claim or a Prior Hypothec |
| Section II | The Effect of the Hypothecary Action |
CHAPTER FIFTH
THE EXTINCTION OF PRIVILEGES AND HYPOTHECS
BOOK EIGHTEENTH
REGISTRATION OF REAL RIGHTS
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
RULES PARTICULAR TO DIFFERENT TITLES BY WHICH REAL RIGHTS ARE ACQUIRED
CHAPTER THIRD
THE ORDER OF PREFERENCE OF REAL RIGHTS
CHAPTER FOURTH
THE MODE AND FORMALITIES OF REGISTRATION
| Section I | Registration at Length |
| Section II | Registration by Memorial |
CHAPTER FIFTH
THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS
CHAPTER SIXTH
THE ORGANISATION OF THE REGISTRY OFFICE
| Section I | The Registry Office and the Registers |
| Section II | The publicity of the registers |
| Section III | Powers of registry officials |
BOOK NINETEENTH
PRESCRIPTION
CHAPTER FIRST
GENERAL PROVISIONS
CHAPTER SECOND
POSSESSION
CHAPTER THIRD
THE CAUSES WHICH HINDER PRESCRIPTION, INCLUDING PRECARIOUS POSSESSION AND SUBSTITUTIONS
CHAPTER FOURTH
CERTAIN THINGS IMPRESCRIPTIBLE AND OF PRIVILEGED PRESCRIPTIONS
CHAPTER FIFTH
THE CAUSES WHICH INTERRUPT OR SUSPEND PRESCRIPTION
| Section I | The Causes Which Interrupt Prescription |
| Section II | The Causes Which Suspend The Course Of Prescription |
CHAPTER SIXTH
THE TIME REQUIRED TO PRESCRIBE
| Section I | General Provisions |
| Section II | Prescription by 30 years, prescription of rents and interest, and the duration of the plea of prescription |
| Section III | Prescription by Subsequent Purchasers |
| Section IV | Certain Prescriptions By 10 years |
| Section V | Certain Short Prescriptions |
| Section VI | Transitory Provisions |
BOOK TWENTIETH
IMPRISONMENT IN CIVIL CASES
PART FOURTH
TRUSTEES
GENERAL PROVISIONS
CHAPTER FIRST
INVESTMENTS
CHAPTER SECOND
GENERAL POWERS OF TRUSTEES AND PERSONAL REPRESENTATIVES
GENERAL POWERS
INDEMNITIES
CHAPTER THIRD
APPOINTMENT AND DISCHARGE OF TRUSTEES
CHAPTER FOURTH
POWERS OF THE COURT
APPOINTMENT OF NEW TRUSTEES
VESTING ORDERS
JURISDICTION TO MAKE OTHER ORDERS
PAYMENT INTO COURT
GENERAL PROVISIONS
FINAL PROVISION