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CIVIL CODE OF SAINT LUCIA
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CHAPTER THIRD SERVITUDES ESTABLISHED BY PRIVATE ACT
Revised Laws of Saint Lucia (2023)
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CHAPTER THIRD
SERVITUDES ESTABLISHED BY PRIVATE ACT
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CHAPTER THIRD SERVITUDES ESTABLISHED BY PRIVATE ACT
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
CHAPTER FIRST THE ENJOYMENT OF CIVIL RIGHTS
CHAPTER SECOND THE LOSS OF CIVIL RIGHTS
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
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
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
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
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
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
CHAPTER FIRST MAJORITY
CHAPTER SECOND INQUISITION AS TO UNSOUNDNESS OF MIND
CHAPTER THIRD CURATORSHIP
CHAPTER FOURTH RECEIVERS
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
CHAPTER FIRST IMMOVABLES
CHAPTER SECOND MOVABLES
CHAPTER THIRD PROPERTY IN ITS RELATIONS TO ITS OWNERS OR POSSESSORS
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
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
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
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
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
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 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
CHAPTER SECOND GIFTS 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 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
CHAPTER SIXTH CONTRACTS
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
Schedule
PART I STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION
PART II STATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION
PART III INTERPRETATION
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 V Divisible And Indivisible Obligations
Section VI Obligations with a Penal Clause
CHAPTER EIGHTH THE EXTINCTION OF OBLIGATIONS
Section I General Provisions
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 III Oral Testimony
Section IV Presumptions
Section V Admissions
Section VI The oaths of parties
CHAPTER SECOND COMMUNITY OF PROPERTY
Section II Covenants Excluding Community
Section III Supplemental provisions as to married persons and their property
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
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
CHAPTER SECOND THE LEASE OR HIRE OF THINGS
Section I General provisions
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
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
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
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
CHAPTER SECOND THE EFFECTS OF THE CONTRACT
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
CHAPTER FIRST THE PLEDGE OF IMMOVABLES
CHAPTER SECOND PAWNING
CHAPTER FIRST PRELIMINARY PROVISIONS
CHAPTER SECOND PRIVILEGES
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 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
Section II The Effect of the Hypothecary Action
CHAPTER FIFTH THE EXTINCTION OF PRIVILEGES AND HYPOTHECS
CHAPTER THIRD THE ORDER OF PREFERENCE OF REAL RIGHTS
CHAPTER FOURTH THE MODE AND FORMALITIES OF REGISTRATION
Section I Registration At Length
CHAPTER FIFTH THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS
CHAPTER SIXTH THE ORGANISATION OF THE REGISTRY OFFICE
Section II The publicity of the registers
Section III Powers of registry officials
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
PART FOURTH TRUSTEES
2141. Interpretation
2142. Application of Part
CHAPTER FIRST INVESTMENTS
2143. Authorised investments
2144. Discretion of trustees
2145. Power to retain investment which has ceased to be authorised
2146. Investment in bearer securities
2147. Loans and Investments by trustees not chargeable as breaches of trust
2148. Liability for loss by reason of improper investment
2149. Powers supplementary to powers of investment
2150. Power to deposit money at bank and to pay calls
CHAPTER SECOND GENERAL POWERS OF TRUSTEES AND PERSONAL REPRESENTATIVES
GENERAL POWERS
2151. Power of trustees for sale to sell by auction, etc
2152. Power to sell subject to depreciatory conditions
2153. Power of trustees to give receipts
2154. Power to compound liabilities
2155. Power to raise money by sale, mortgage, etc
2156. Protection to purchases and mortgagees dealing with trustees
2157. Devolution of powers or trusts
2158. Power to insure
2159. Application of insurance money where policy kept up under any trust, power or obligation
2160. Deposit of documents for safe custody
2161. Reversionary interests, valuations, and audit
2162. Power to postpone sale
2163. Power to employ agents
2164. Power to concur with others
2165. Power to delegate trusts during absence abroad
INDEMNITIES
2166. Protection against liability in respect of rents and covenants
2167. Protection by means of advertisement
2168. Protection in regard to notice
2169. Exoneration of trustees in respect of certain powers of attorney
2170. Implied indemnity of trustees
CHAPTER THIRD APPOINTMENT AND DISCHARGE OF TRUSTEES
2171. Limitation of the number of trustees
2172. Power of appointing new or additional trustees
2173. Power to appoint trustees of property belonging to persons out of Saint Lucia
2174. Supplemental provisions as to appointment of trustees
Section V Collateral Successions
2175. Evidence as to a vacancy in a trust
2176. Retirement of trustee without a new appointment
2177. Vesting of trust property in new or continuing trustees
CHAPTER FOURTH POWERS OF THE COURT
APPOINTMENT OF NEW TRUSTEES
2178. Power of Court to appoint new trustees
2179. Power to authorise remuneration
2180. Powers of new trustee appointed by the Court
VESTING ORDERS
2181. Vesting orders of land
2182. Orders as to contingent rights of unborn persons
2183. Vesting order consequential on order for sale or mortgage of land
2184. Vesting order consequential on judgment for specific performance, etc
2185. Effect of vesting orders
2186. Power to appoint person to convey
2187. Vesting orders as to stock and things in action
2188. Vesting orders of charity property
2189. Vesting orders in relation to minor's beneficial interests
2190. Orders made upon certain Allegations to be conclusive evidence
2191. Orders of Court to be registered
2192. Registration of vesting order made by Court in England 15 Geo. V ch. 19
JURISDICTION TO MAKE OTHER ORDERS
Section IV Legacies
2193. Power of Court to authorise dealings with trust property
2194. Persons entitled to apply for orders
2195. Power to give judgment in absence of a trustee
2196. Power to charge costs on trust property
2197. Power to relieve trustee from personal liability
2198. Power to make beneficiary indemnify for breach of trust
PAYMENT INTO COURT
2199. Payment into Court by trustees
2100. Indemnity for acts done in pursuance of this Part
2101. Rules of Court
CHAPTER FIRST GENERAL PROVISIONS
2102. This Part binding on Crown
FINAL PROVISION
Section II Causes of Nullity in Contracts
Re-Registration of Births of Legitimated Persons Regulations – Article 41A
1. Citation
2. Definition
3. Attendance of parent
4. Making of entry where parent attends
5. Making of declaration where parent does not attend
6. Making of an entry in pursuance of declaration
7. Making of entry when particulars not verified by parent
8. Delivery of certified copy to the Registrar of Civil Status
9. Noting of previous entry
10. Certified copies of re-registered entries
Civil Code (Marriage Licence Fees) (No. 2) Order – Section 96(2A)
1. Citation and commencement
2. Fees
3. Revocation
Schedule
Section I The Capacity to Give and to Receive by Gift Inter Vivos
Section IV Joint And Several Obligations
Section II Payment
Section II Proof by writing
Section I The Requisites for the Validity of Contracts
Section I Legal Community
Section III Warranty
Section II The obligations and rights of the lessor
Section II Legal Hypothec
CHAPTER SECOND RULES PARTICULAR TO DIFFERENT TITLES BY WHICH REAL RIGHTS ARE ACQUIRED
Section II Registration By Memorial
Section III Judicial Hypothec
Section I The Registry Office and the Registers
2203.
11. Fees