Revised Laws of Saint Lucia (2022)

2203.

1.  

   Nothing in the repeals effected by the Civil Code (Amendment) Ordinance, No. 34 of 1956, shall affect the validity, invalidity, effect, or consequences of anything already done or suffered, - or any right, title, obligation or liability, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof, - or the proof of any past act or thing. (Inserted by Act 34 of 1956).

   INDEX

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   CIVIL CODE OF SAINT LUCIA

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   The numbers refer to the Articles, not the Pages

   A

   Abandonment

   by ascendants, 1197.

   In alienation for rent, 1503.

   of divers things, see Surrender, Stray Property.

   of property in emphyteusis, 525.

   Abbreviations

   not allowed in Records of Civil Status, 31.

   Absence

   as regards contingent rights, 70–73.

   as regards marriage, 75–78, 155A.

   defined, 52.

   Absentee

   absolute possession of property of, 64.

   care of minor children of, 79–80.

   contingent rights accruing to, 70–73.

   curator to, when named, 53, 54.

   appointment of, 54.

   duties and powers of, 55–57.

   when his powers cease, 58.

   provisional possession of property of, 59–68.

   when administrator-general administers property of, 53.

   Abuse

   of enjoyment by usufructuary, 430.

   Acceptance

   of Community, see Community.

   of Gifts, 728–736.

   Accession

   right of in general (see Ownership), 363–368.

   as regards immovables, 369–379.

   as regards movables, 380–393.

   over what is produced by a thing, 364–367.

   over what becomes united to a thing, 368.

   between coheirs, 596.

   as regards joint legatees, 804.

   between consorts (fathers and mothers), 570.

   between joint donees, 804.

   Accessories

   in sale, 1409, 1482.

   Accident

   see Fortuitous event.

   Account

   by administrator, 592, 603.

   of community, 1271–1294.

   by tutor, 268 et seq.

   Accretion

   of property bequeathed, 824.

   see Accession.

   Acknowledgment

   of debts, 1165.

   of illegitimate children, 208.

   Acquests

   of community, see Community.

   Acquittance

   see Payment.

   Act

   when a majority may perform, 1 § 40.

   Acts

   notarial, 1139–1142.

   Confirming voidable obligations, 1145.

   done abroad, effect of, 6.

   of recognition, 1144.

   under private signature, what proof they make, 1154–1160.

   authentic, how make proof, 1138.

   how construed, 7.

   commercial, 1158.

   of civil status, see Records of Civil Status.

   Administration

   community, see Community.

   curators, 297.

   successions, 584 et seq.

   tutors, 250 et seq.

   voluntary, see Negotiorum gestio.

   wills, 857, 859, 860.

   Administrator General

   absentees, 53.

   successions, 608.

   trusts, 2173.

   Admissions

   judicial or extra judicial, 1172–1174.

   Adultery

   a cause of separation from bed and board, 157.

   Advocates

   cannot buy litigious rights, 1395.

   duties and rights of, 1632, 1633.

   prescription against, 2121.

   Affinity

   see Witnesses, Wills, Marriages.

   Age

   of majority, 213, 284.

   what, requisite for marriage, 81.

   Agency, 1601–1661.

   definition, 1601.

   general or special, 1603.

   gratuitous, 1602.

   married women, 1608.

   minors, 1607.

   powers of agent, 1604–1606.

   presumed, when, 1605.

   revocation of, when affects third parties, 1658.

   Termination of, 1655–1657.

   Agent

   account of, 1613.

   acts of, after termination, when valid, 1660.

   Liability of principal for, 1627 et seq.

   buying or selling for himself, 1606.

   death of, 1661.

   duty, 1609 et seq.

   exceeding powers, 1604, 1618, 1619.

   Interest, when liable for, 1614.

   joint agents, 1612.

   lien, 1623.

   renunciation, 1659.

   salary and expenses of, 1622.

   substitute, liability for and of, 1611.

   Alienation

   for rent, see Rent.

   Aliens

   may be witnesses to wills, 782.

   may inherit as British subjects, 19, 552.

   status and capacity, 5, 15, 18–20.

   Alimentary allowance

   see Maintenance.

   Alluvion, 375.

   Ambiguity

   of laws, how dealt with, 9, 10.

   Animals

   responsibility of owner or user of, 987.

   straying, 537.

   see Dog.

   Annuities

   value of, how determined, 1810.

   Apprentices

   their responsibility, 985.

   Responsibility of master of, 986.

   prescription of wages of, 2122, 2123.

   privilege of, 1900.

   succession, expenses not returnable to, 662.

   Architects

   privilege of claim of, 1905.

   see Lease and hire of Work, Prescription.

   Arrears

   of annual rents prescribed by 5 years, 2111.

   when claim for must be registered, 2004–2006.

   Arrest

   of debtors, see Imprisonment.

   when debtor exempt from, 2139–2140.

   Artisans

   responsible for their apprentices, 986.

   rules applicable to, 1595–1597.

   Ascendants

   maintenance, 135–138.

   when and how they inherit, 569–573.

   Assignment

   of debts and rights of action, 1478 et seq.

   of leases, 1542, 1550.

   of litigious rights, 1490 et seq.

   of rights of succession, 1487 et seq.

   Attachment

   for rent, 1529, 1530.

   in revendication, 1892.

   mode of, determined by law of Saint Lucia, 5.

   Auction, sale by, 1474.

   Authenticity

   of acts made abroad, 6, 1152.

   of copies of authentic copies, 1147–1151.

   of notarial acts, 1139, 1140.

   of registers of civil status, 27, 34.

   see Falsity.

   Author

   definition, 1 § 1.

   Authority

   parental, see Parental Authority.

   Marital, see Marital Authority.

   Authorisation

   of wife, no longer necessary, 147.

   of tutor, 257, 266, 267.

   B

   Bad Faith

   as regards expenditures and improvements, 372.

   must be proved, 2066.

   see Prescription.

   Bailiffs

   cannot buy certain litigious rights, 1395.

   Banking, by corporations, 327.

   Bank notes

   no prescription of, 2121.

   Bankruptcy

   as regards contracts, 970–972.

   Registration, 1974.

   see also Commercial Code.

   Bank stock

   is movable, 344.

   Banns, 95–104.

   Bet, when binding, 1822–1824.

   Bills of Exchange

   prescription, 2121, 2129.

   see also Commercial Code.

   Birth

   how established, 196 et seq.

   Records of, 38–40.

   Legitimated persons, 41A.

   Boarding schools, prescription, 2122.

   Boilers

   when immovable by destination, 337.

   Borrower

   obligations of, 1666–1672, 1682–1686.

   Boundaries

   settlement of, 454.

   Branches

   overhanging, when may be cut, 479.

   British subject, 14-16.

   Brother-in-law and sister-in-law.

   marriage between, when permitted, 91A.

   Brothers and sisters

   marriage between prohibited, 91.

   Builder

   liability, 1584, 1585, 1588.

   prescription as to his warranty, 2120.

   privileges of, 1903, 1905.

   registration of his privilege, 1984.

   work by estimate and contract, 1583 et seq.

   Buildings

   intermediate works, distance, 482.

   rights of owner of soil, 369–372.

   servitudes relating to, 483.

   Burial, record of, 44.

   C

   Cancelling

   of contract to build by owner, 1591.

   of real rights, 2028, 2037.

   see Registration.

   Capacity

   contracts, 919–921.

   deposit, 1700, 1701.

   gifts, 700, 702.

   marriage, 81.

   novation, 1101.

   quasi-contracts, 974.

   quasi-delicts, 985.

   sale, 1392.

   tender, 1094.

   traders, 149, 283.

   transaction, 1814.

   wills, 770–777.

   witnesses,

   attesting, 1139.

   to wills, 782, 789.

   Capital, of rents, how estimated, 1810.

   Carriers, 1573 et seq., 1702, 1703.

   Cattle

   lease of, on shares, 1598–1600.

   as regards usufruct, 428.

   Cause

   or consideration in contracts, 918.

   Chief Justice

   meaning of term, 1 § 26.

   Child

   correction, 212.

   custody of, 210 et seq.

   absentee parents, 79, 80.

   during separation suit, 168.

   Illegitimate, 205–209, 579.

   incestuous or adulterous, 205, 709.

   legitimacy of, 186 et seq.

   legitimation, 205.

   maintenance, 135.

   meaning of 1 § 2, 915.

   Parents unknown, baptism of, 41.

   separation, effect of, 182–184.

   Subsequent birth of, to donor, 752.

   Chimneys, 482, 1539.

   Church

   see Prescription.

   Civil Rights, 14, 23.

   Civil Status, 5.

   records of, 24 et seq.

   Clerks

   of Courts, cannot buy certain litigious rights, 1395.

   of notaries, cannot be witnesses to wills, 782.

   prescription of claims of, 2123

   privilege of claims of, 1900.

   Co-debtors

   see Obligations.

   Codicil, 778.

   Co-habitation

   effect of, in marriage, 124.

   Collaterals

   see Successions.

   Collocation

   definition, 1 § 3.

   of life rents, 1809.

   see Privileges, Hypothecs.

   Commencement of proof

   definition, 1 § 45.

   in writing, as regards filiation. 200, 201.

   admits oral evidence, 1163 § 7.

   Commercial matters

   evidence in, 1136, 1137, 1163.

   Commercial writings, their date, 1158.

   Common property between neighbours.

   ditches, 473–476.

   hedges, 477–479.

   trees, 478–481.

   walls, 460 et seq., 483.

   Community of Property

   acceptance or renunciation, 1256 et seq.

   inventory, 1259–1263.

   renunciation, by heirs of wife, 1270.

   wife under age, 1258.

   administration, and effect of acts of either consort upon, 1211 et seq.

   assets, 1192 et seq.

   bequests by consort, 1212.

   commences from day of marriage, 1189.

   conventional, abolished, 1182.

   covenants excluding, effects of, 1300.

   Definition, 1 § 4, 1190.

   dissolution, 1228 et seq.

   See Separation of property.

   cannot be re-established, 1238.

   Rights of survivorship, 1240.

   Liabilities, 1200 et seq.

   partition, 1271.

   partition of assets, 1272–1284.

   partition of liabilities, 1285–1294.

   renunciation, effect of, 1295 et seq.

   Company

   how designated, 1 § 41.

   Compensation (community).

   for benefit derived, 1221 et seq.

   Compensation (set off)

   See Set off.

   Concubinaries

   gifts between, 709.

   Conditions

   Contracts, 918, 1010 et seq.

   contrary to law or good morals or impossible, 701, 1011.

   gifts, 751, 756, 763.

   Confirmation

   of title, a mode of extinguishing hypothecs, 1966.

   Confusion

   when it takes place, 1044, 1069, 1128.

   when it avails the sureties, 1129.

   when it ceases in matters of hypothecs, 1966.

   Consent

   in contracts, 922.

   Consideration

   in contracts, 917A, 918, 923, 924.

   Contempt of Court, 2134 § 13.

   Contractors

   see Work, lease and hire of.

   Contracts and Agreements, 918

   definition, 1 § 6.

   when onerous or gratuitous, 1 § 8.

   Contravening public order or morality void, 924.

   essentials of, 918.

   English law applicable, 917A.

   “consideration” defined, 917A.

   capacities of persons to enter into, 919–921.

   cause of, 923.

   nullities in, 925–944.

   see Error, Fraud, Violence, Fear, Lesion.

   interpretation of, 945–953, see Interpretation of contracts.

   effect of, 954–960.

   effect of as regards third parties, 961–964.

   Contrainte par corps, 2133–2140.

   Co-partitioners, 690, 1906, 1935.

   Copies

   when authentic, 1147–1151.

   when prima facie proof, 1152.

   when may serve instead of originals, 1149–1151.

   Corporations

   how designated, 1 § 41.

   are ideal persons, 312.

   when deemed legally constituted, 313.

   kinds of, 314–316.

   have a corporate name, 317.

   rights of, 318–321.

   may make by-laws, 321.

   privileges of, 322.

   responsibility of members of, 323.

   disabilities of, 324, 844.

   prohibitions effecting, 325–327, 774.

   when cannot issue promissory notes, 327.

   how dissolved, 328, 329.

   liquidation of affairs of, 330.

   curators to dissolved, 331.

   duties of curators to dissolved, 332.

   property belonging to, 354, 359.

   Correction

   of children, 212.

   Corrosive Substances

   near neighbour's property, 482 § 2.

   Costs

   their privilege, 1889, 1890, 1903, 1910.

   see Expenses.

   Co-Sureties

   see Suretyship.

   Co-Tutors or Joint-Tutors, 218 et seq.

   Counter-letters

   defintion, 1 § 30.

   effect, 1143.

   Counter-Walls

   between neighbours, thickness of, 482 § 1.

   Court

   meaning of term, 1 § 9.

   Covenants

   see Contracts; Marriage Covenants.

   Creditors

   meaning of term, 1 § 10.

   contracts in fraud of, 965, et seq.

   subsequent, when may demand nullity, 971.

   Crop Privilege, 1904.

   Crown

   questions as to rights of, governed by law of Saint Lucia, 5.

   succession falling to, 579, 607.

   privilege of claims of, 1889, § 9.

   legal hypothec of, 1922.

   hypothecs in favour of, exempt from registration, 1969.

   when subject to the rule concerning prescription, 2075–2079.

   what things belong to, 530, 535.

   provisions re trustees bind, 2202.

   Curator

   to whom given, 291, 298.

   formalities of appointment of, 299, 301.

   to interdicted persons, 291–296, 298, 301 et seq. 986.

   to child not yet born, 305.

   ad hoc, in what cases, 306.

   to property

   in what cases, 307, 308.

   of absentees, 53–58, 307, 308.

   of dissolved corporation, 307, 308, 331, 332.

   Customs Duties

   privileges of the Crown for, 1884.

   D

   Damages

   in negotiorum gestio, 977.

   for reception of a thing not due, 981–984.

   for non-performance of obligations, 996, 1001–1008.

   stipulated, can be reduced by the Court, 1007.

   for delay in payment of money, 1008.

   in case of a suspensive condition, 1018.

   in case of a resolutive condition, 1019.

   as regards joint and several debtors, 1040.

   for non-performance of indivisible obligations, 1059.

   incurred by agent, 1609, 1610.

   by lender, 1676.

   by pledgee, 1869.

   by hypothecary debtor, 1940.

   Date

   of private writings, 1157.

   of commercial documents and writings, 1158.

   Days

   how reckoned for prescription, 2101.

   Deaf mutes

   how may make a will, 785, 788, 790.

   Death

   causes of action survive on, 609.

   of spouse, presumption of, 155A.

   of testator, effect of complicity in, 829.

   Records of, see Records of Civil Status.

   Debentures

   how transferred, 1481.

   Debtor

   definition, 1 § 12.

   joint and several, see Joint and several liability.

   Declaration of transmission of ownership, 1980.

   Deeds

   made out of Saint Lucia when valid, 6.

   how construed, 7.

   see Acts, Writings.

   Default

   Putting in, how done, 999, 1000.

   to comply with law as to marriage, penalties, 127, 128.

   in, meaning of, 1 § 13.

   Defamation, 985, 989F et seq.

   Degrees

   of relationship how computed in succession, 559–561.

   heritable, 578.

   Delay

   definition, 1 § 14.

   see Term.

   Delegation

   by debtor, 1104–1106, 1111.

   Delict

   definition, 1 § 15.

   produces obligations, 985 et seq.

   common employment not a defence, 989B.

   prescription relating to, 2122, 2123.

   joint liability, 989C.

   Demand

   judicial, interrupts prescription, 2085.

   Dependant

   action for benefit of, 988.

   Deposit

   two kinds of, 1694.

   simple, 1695–1698.

   voluntary, 1699–1701.

   obligations of depositary, 1702–1711.

   representatives of depositary, 1706.

   depositary cannot demand proof of ownership of depositor, 1708.

   when they cease, 1711.

   obligations of the depositor, 1712.

   necessary, 1713–1716.

   see Sequestration.

   of Wills

   holograph, 795

   made in English form, 795.

   into Court, see Tender.

   of earth, see Alluvion.

   Derelict

   lands, are left to the Crown, 356.

   things, when may be reclaimed by owner, 536, 537.

   Descendants

   see Successions.

   Destination

   property may be immovable by reason of, 337, 338.

   Deterioration

   of property under lease, 1533–1540.

   of property, subject to privilege or hypothec, 1939, 1940.

   during emphyteutic lease, 524.

   of property to be returned into a succession, 671, 672.

   of thing due, 995.

   Devolution of successions, 543 et seq.

   Disappearance

   of a person, when a ground for obtaining provisional possession of his property, 59.

   Disavowal

   of paternity, 187–194.

   Discharge

   see Release, Cancelling.

   Discontinuance

   of suit, as to prescription, 2087.

   Discussion

   benefit of, when may be set up, by purchasers, 1464.

   by holder of hypothecated property, 1951, 1952.

   right of, meaning of term, 1 § 16.

   See Suretyship.

   Disinheritance, how effected, 835.

   Dissolution

   of community, how it takes place, 1228.

   effect on rights of survivorship, 1240.

   of marriage, when it takes place, 155, 155A

   of sale, may be demanded for latent defects, 1435.

   For non-payment, 1446–1453.

   of gifts, 756.

   prescription of right of, 2109.

   Ditches

   between neighbours, see Common Wall, Servitudes.

   kept at common expense, 476.

   Divisibility

   of obligations, 1052–1054.

   of obligation to pay damages, 1059.

   Division

   of debt, with regard to one of co-debtors, 1038, 1045–1047.

   of joint and several debt, 1038, 1048–1051.

   Documents

   see Acts, Writings.

   court may order production of, 1176.

   Dog

   liability for injury by, 989A.

   Domain

   public, see Crown.

   dependencies of Crown, 355–358.

   land reclaimed from sea, 376.

   Domestics

   see Servants.

   Domicile

   as regards civil rights, 5, 48.

   married women, minors and interdicted persons, 50.

   person holding temporary office, 49.

   servants and other employees, 51.

   Donations

   see Gifts.

   Donee

   effect of prior registration, 1980.

   liability of, for donor's debts, 738–742, 764–767.

   returns to succession, 654.

   Dower, abolished, 1183.

   Dowry, 176, 889.

   Drunkenness, 920.

   Duel, death in, 988.

   E

   Earnest

   See Promise of Sale.

   Earth

   duty of neighbour heaping, 482 § 2.

   Eaves

   of roof, how regulated, 485.

   Edicts and Ordinances

   copies of, are authentic, 1138.

   Ejectment

   of lessee, granted in certain cases, 1530.

   see Lease and Hire, Lessee.

   Emphyteusis, 513 et seq.

   lessor, obligation, 519.

   lessee, obligations, 520–524.

   prescription, 2110, 2111.

   Termination, 525.

   Emphyteutic Rent

   is immovable, 345

   see Emphyteusis.

   Enclosed property.

   right of way to, 486.

   England

   laws of, govern in commercial matters, 1137.

   contracts, quasi-contracts and delicts, 917A, 920

   trusts, 916A

   tutorship, 216.

   Erasures

   in records of Civil Status, 31.

   Error

   a cause of nullity in contracts, 925, 926.

   judicial admissions, 1174

   marriages, 123, 124

   payment of a thing not due, 979–984, 1076.

   registers of Civil Status, 45–47.

   transaction, 1816, 1821.

   Estimate and Contract

   work by, 1583 et seq.

   Event

   fortuitous, definition, 1 § 18.

   see Fortuitous event.

   Exceptions pleadable

   joint and several debtors, 1043–1051

   holder of property sued hypothecarily, 1950–1958.

   Exchange

   contract of, 1504–1507.

   property acquired during marriage, 1198.

   Exclusion

   of community.

   effect of, 1300, 1301.

   from tutorship, who are subject to, 242–245.

   Execution, 5

   Executor

   acceptance, 846

   action to test validity of will, 603

   conservatory acts before probate, 851

   does not transmit executorship to heirs, 856, 859

   expenses of, 850

   how replaced, 859–860.

   inventory, 855

   is personal representative, 585

   removal of, when, 853

   renunciation, when, 847

   responsibility of, cannot be limited, 852

   several, how should act, 848, 849.

   who may be, 841–845.

   see Personal Representative.

   Expropriation, 1497, 1498, 1966 § 6

   Extracts

   when authentic, 34, 1148.

   F

   Falsity

   of authentic acts, 1142.

   Family

   definition, 914.

   Family Papers

   for establishing filiation, 201

   for establishing maternity, or paternity, 209

   what they prove, 1152.

   Farm

   lease of, 1550 et seq.

   see Lease and Hire.

   Father

   authority of, 210 et seq.

   Liability for damages, 986.

   Fear

   cause of nullity in contracts, 925, 928 et seq.

   Fences

   between neighbours, see Servitudes.

   Filiation, 186 et seq.

   evidence, 196 et seq.

   of illegitimate children, 205 et seq.

   possession of status, 197 et seq.

   Final judgment (res judicata).

   is an absolute presumption, 1171

   Fire

   when lessee responsible for loss by, 1535.

   Fishing, right of, 533.

   Flock or Herd, 428.

   Foot-road, 457.

   Force, “fortuitous event”, 1 § 18.

   Fortifications

   form part of Crown property, 357, 358.

   Fortuitous event

   definition, 1 § 18

   does not give rise to damages, 1003, 1130

   leases of farms, 1554, 1555

   obligations, 1003, 1130–1132.

   reception of thing not due, 982.

   Fraud

   authentic acts may be attacked on ground of, 1142.

   cause of nullity in contracts, 925, 927, 966–972.

   never presumed, must be proved, 927, 2066

   as regards third parties, see Third Parties.

   Fruits, 364–366, 399–402.

   Funeral expenses

   privilege, 1889, 1896, 1903

   registration, 1988.

   Furniture, what is, 352.

   G

   Gaming contracts, 1822–824.

   Gazette, proves its contents, 1138.

   Gifts

   of house with contents, 353

   onerous or gratuitous, 1 § 20

   when void, 699

   to be valid, must be inter vivos or by will, 695.

   inter vivos.

   acceptance, 728 et seq.

   between consorts, 1185

   by contract of marriage, 698, 722, 757 et seq.

   capacity to give and to receive, 700, 702 et seq.

   conditional, 701, 720, 723, 724.

   definition, 696.

   effects, 736 et seq.

   rights of creditors, 741, 743, 744

   form, notarial, 717 et seq.

   minors, 704, 733, 750.

   Registration, 745 et seq.

   revocation, 751 et seq.

   causa mortis.

   by contract of marriage, 698, 722, 757 et seq.

   how expressed, 769

   testamentary nature, 540.

   Giving in Payment, 1500.

   Good Faith, 933, 1005, 1426, 1974, 2103, 2112, 2114

   always presumed, 2066

   expenditures and improvements, 367, 372.

   Grandchildren, 915.

   Guardian

   see Sequestrator, Tutor, Curator.

   H

   Habitation, right of, 339, 437 et seq.

   Harbours, 355.

   Harvest

   loss, 1554, 1555

   privilege for advances, 1904.

   Hearths, 482, 1539.

   Heir

   definition, 540

   rights and liabilities of, 13

   seizin, 549, 550

   contribution to payment of debts, 677–681.

   appointment of, by marriage contract, 769.

   ostensible, payment to, 806

   only excluded by will, 835

   of wife in community, 1266, 1267, 1270, 1279.

   see Partition, Prescription.

   Herd or Flock

   as regards usufruct, 428.

   see Lease of Cattle on shares

   Highways

   Crown domain, 355

   things found on public, 536.

   Holder

   of real property may be sued hypothecarily, 1941, 1943, 1946 et seq.

   if not personally liable, may plead exceptions;

   Discussion, 1950–1952.

   Warranty, 1950, 1953, 1954.

   Subrogation, 1950, 1955, 1956

   Resulting from improvements, 1950, 1957.

   Resulting from a prior claim, 1950, 1958.

   see Hypothec.

   Holograph (will), 1 § 22, 780, 788.

   Hotel Keepers, 1714, 1715, 2123.

   Hunting, 533.

   Husband and Wife

   marriage, 81 et seq.

   rights and duties, 135 et seq., 143 et seq.

   when may remarry, 84, 155A, 155B

   may oppose marriage of spouse, 113

   capacity of wife, 146 et seq., 1300

   separation from bed and board, 156 et seq.

   effects of, 180, 181

   parental authority and custody of children, 182, 183, 210

   tutorship to children, rights as to, 217 et seq., 242, 243.

   duty to retain curatorship of spouse, 304

   succession to each other, 557, 567A

   action on death of spouse by delict, 983

   evidence, 1162

   marriage covenants, 1177 et seq.

   registration of, 1996, 1997

   dower abolished, 1183

   property of,

   community and separate, 1188 et seq.

   defined, 1192

   administration of community, 1211 et seq.

   alienation, 1211, 1212

   may contract with or for each other, 1220, 1304

   judicial separation, effects of, 1230, 1235–1240.

   Effects of marriage in separation of property, 1300 et seq.

   non-responsibility for wife's contracts, delicts, etc., 1302

   civil remedies for protection of wife's property, 1303

   Judge's orders on marital questions, 1305.

   minor or otherwise incapable, representation of, 1306

   prescription of rights of, 2094–2096.

   see Marriage, Community of Property, Marriage Covenants, Separation, Registration.

   Hypothecs

   Liability in general, 594, 1875

   expropriated property, 1498

   legal cause of preference, 1877

   definition, 1 § 23, 1908.

   Indivisibility and extent, 1909–1911.

   kinds of, 1912, 1913

   upon undivided portion, 1914

   in returns to successions, 673

   property of insolvent, 1915

   legal, 1913, 1916–1922.

   of minors and interdicted persons, 1920, 1921, 2001

   of the Crown, 1922

   judicial, 1923

   Conventional, 1924 et seq.

   rank, 1932–1937.

   effect, 1938–1942.

   hypothecary action, 1941 et seq.

   definition, 1 § 24

   Effect

   alienation of immovable void, 1959

   Rules as to surrender, 1960–1965.

   see Prescription, time required for extinction, 1966.

   preservation of, see Registration.

   I

   Immovables, 1 § 46, 5, 333 et seq.

   Imperial Act proves its contents, 1138

   Impossibility

   conditions in contracts, 701, 1011.

   performing obligations, 1130–1132B.

   Impotency (marriage), 83.

   Imprisonment

   in civil cases, 2133 et seq.

   not to exceed two years, 2140

   Improbation

   of authentic acts, 1142.

   Improvements

   to property of others, 372 et seq.

   upon immovables, by purchaser evicted, 1957.

   by lessee, 1544.

   by usufructuary, 412.

   belonging to one consort, 1222, 1272.

   Imprudence, 985

   Incapacity

   see Capacity.

   Incompetency

   Court, (prescription), 2086

   witness, 1162.

   Incorporeal rights

   see Rights Incorporeal.

   Increase

   of animals (usufruct), 428.

   Indivisibility

   admissions, 1172.

   obligations, 1052–1061.

   Infant

   must be viable to inherit, 551.

   conceived, but not born, curator to, 298, 305.

   Inhabitants of Saint Lucia, 5, 21.

   Inheritance, 542.

   Inn-keepers.

   prescription, 2123.

   responsibility, 1714, 1715.

   Inquisition

   see Persons of unsound mind.

   Insane persons

   see Persons of unsound mind.

   Insolvency

   see Obligations, Hypothecs.

   Institute

   see Substitution.

   Institution

   how designated, 1 § 41.

   Intention

   effect of, as regards interpretation of deeds, 945.

   Interdiction

   see Persons of unsound mind.

   Interest

   arrears, 2006, 2026.

   civil fruits, 400.

   co-debtors, 1042.

   compound interest, 1009.

   consorts, 1282.

   due on debts, 996, 1008.

   pledge, 1870.

   legacies, 807.

   loans, 1685, 1686.

   prescription, 2111.

   price of sale, 1444.

   principal and agent, 1624.

   rate, 1685, 2020 (5).

   tender, none after, 1093.

   tutor's accounts, 273.

   Interposed

   Persons, in matters of gift, 715.

   Interpretation, 1.

   contracts, 945 et seq.

   laws, 10.

   wills, 808.

   Interrogatories, 286, 288, 1175.

   Intervention

   creditors in separation action, 1234.

   vendor to warrant buyer, 1947.

   Interversion of title.

   hypothec, 1933.

   prescription, 2069.

   Inventory

   in matters of succession, see Succession.

   in community, 1259 et seq.

   Island

   formed in rivers, 377, 378.

   J

   Joint Acquest

   of community, what property deemed to be, 1193.

   Joint and several

   interest among creditors, 1031–1033.

   interruption of prescription, 2091.

   liability, 1034 et seq.

   interruption of prescription, 2092.

   demand of interest from, 1042.

   what exceptions may be pleaded, 1043.

   confusion as to one debtor, 1044.

   Effect of dealing with one debtor, 1045–1048, 1114, 1115.

   as between debtors, 1048–1051.

   Journeymen

   privilege of, 1900.

   Judgment

   registration, 2002.

   res judicata, 1171.

   rescinding lease, 1531.

   carries hypothec, 1923, 2002.

   Judge, 1 § 25, 9, 1146.

   Judicial demand,

   interrupts prescription, 2085.

   Judicial sale, effect of, 1966 § 6.

   Jurisdiction.

   of courts, 5.

   want of, as regards prescription, 2086.

   Justice of the Peace, 98, 789, 1904.

   L

   Lease and Hire, 1508 et seq.

   to what it relates, 1508–1510.

   of things, 1512–1518.

   by sufferance, 1515.

   tacit renewal, 1516–1518.

   lessor, obligations of, 1519–1524, 1548.

   rights and privilege of, 1525 et seq.

   lessee, obligations and rights of, 1532 et seq.

   repairs, 1538–1540.

   sub-lease, 1542, 1543.

   houses, 1514, 1546–1549.

   furniture, 1547.

   farms and estates, 1514, 1550–1557.

   termination, 1546, 1558–1567.

   notice of, 1560.

   death does not terminate, 1564.

   work, 1568 et seq.

   personal service, 1569–1572.

   carriers, 1573–1582.

   estimate and contract, 1583–1597.

   cattle on shares, 1598–1600.

   prescription of rent, 2111.

   Legacies

   Vesting assent, 595 et seq.

   nature and kind of, 799.

   lapse, 801, 804, 836 et seq.

   acceptance and repudiation, 802, 803.

   right of accretion applicable to, when, 804.

   interpretation of, 808.

   of things not belonging to the testator, 817–819.

   when particular legacy liable for debt, 820.

   how paid, 595, 821.

   reduction of, 821–823.

   right of accession applicable to, 824.

   of a thing hypothecated, 825.

   of usufruct and servitudes, 825.

   in favour of a creditor or servant, 826.

   revocation, 828 et seq.

   universal, 809.

   by general title, 809.

   particular, 816.

   registration when necessary, 1930.

   give right to separation of property, 1885.

   Legatee

   definition, 1 § 28.

   who may be, 774, 776.

   may be trustee, 805.

   fruits and interest, 807.

   under suspensive condition, 838.

   discharges by, 806, 1076.

   liability for debts, 594, 677 et seq. 811–815, 820–825.

   Legitimation, 205–207.

   re-registration of births, 41A.

   Lender

   obligations of, 1673–1676, 1681.

   Lesion

   as regards partition of successions, see Partition.

   as regards sale, 1470.

   definition, 1 § 29.

   may cause nullity in contracts, 925, 934 et seq.

   Letters Patent

   need not be proved, 1138.

   Libel, 985, 989F et seq.

   prescription, 2123.

   Licence

   marriage, 95, 96, 104.

   Licitation

   definition, 1 § 31.

   effect of, on co-owner purchaser, 688.

   how effected, 651, 1473.

   when it takes place, 640, 653A et seq., 884, 1472.

   Lien

   right of, governed by law of Saint Lucia, 5.

   see Retention.

   Life-rents

   rules concerning, 1693, 1798 et seq.

   effect, 1803 et seq.

   for what term may be created, 347.

   when redeemable, 247, 348–350.

   are movable, 345.

   see Registration.

   Lights, servitude of view, 494.

   Loan, 1662 et seq.

   for use, 1663 et seq.

   obligations of the borrower, 1666–1672.

   obligations of the lender, 1673–1676.

   for consumption, 1677 et seq.

   obligations of the lender, 1681.

   obligations of the borrower, 1679, 1680, 1682–1684.

   upon interest, 1685, 1686.

   Loss

   when extinguishes an obligation, 1130–1132.

   of civil rights, 23.

   Lost things

   belong to the Crown, 356.

   M

   Magistrate

   definition, 1 § 32.

   Maintenance

   ascendants and descendants, 135–142.

   spouse, 143, 181.

   illegitimate children, 208, 709.

   gift to concubine, 709.

   donor, 753.

   Majority

   of persons may perform act, 1 § 40.

   at what age attained, 213, 284.

   Manure, 337, 1557.

   Marginal Notes, 31.

   Marriage

   civil, 24.

   effect of absence, 75–78.

   who can solemnize, 94.

   at what age may be contracted, 81.

   consent necessary, 82.

   impotency, 83.

   second, 84.

   of minors, 85, 89.

   judge may in certain cases give consent, 89.

   prohibited degrees. 90–93.

   with deceased wife's sister, 91A.

   dispensation from impediments, 94.

   by licence, 95, 96.

   after banns, 97–99.

   publication of notice, 100.

   publication of banns, see Banns.

   oppositions to, see Oppositions to Marriage, 113 et seq.

   when celebrated, 106.

   formalities of celebration, 107 et seq.

   validity of, celebrated out of Saint Lucia, 111.

   in extremis, 112.

   of British subjects (facilities) 112A.

   under Foreign Marriage Act, 112B.

   nullity of, 82, 83, 93, 123–126

   possession of status, 130–132.

   civil effects, 129, 133, 134, 134A.

   only dissolved by death, 155.

   or presumption of death, 155A, 155B.

   obligations resulting from, 135–142.

   contract, 1177–1179.

   covenants, 1180 et. seq., 1300 et seq.

   Masculine gender

   includes feminine, 1 § 19.

   Mass of Succession &c.,

   definition, 1 § 60.

   Materials

   belonging to another, 380 et seq. 371.

   Maternity

   proof of, 209.

   May (interpretation), 1 § 53.

   Merchant Shipping Acts,

   application of, 1477, 1901.

   Metayers

   sublease by, 1550.

   contracts and privilege, 1903, 1904.

   Military Places, 357, 358.

   Mills, 335.

   Mines (usufruct), 410.

   Minors.

   Actions belonging to, 264.

   agents, 1607.

   gifts to, 263.

   hypothecs, 1920, 1921, 2001, 2014.

   incapacity, 919–921, 934, 941.

   Interest on balance of tutor's account, 273.

   Married, capacity of, 279.

   registration, 2001, 2014.

   sale of property of, 257–260, 941.

   testamentary executors, 591, 843.

   traders, 283.

   when minority ceases, 213.

   Mortgages, see Hypothecs.

   Mother, 210 et seq.

   Mourning (widow's), 1284.

   Movable

   property, 341–345.

   what leases are, 346.

   furniture, 352.

   definition, 1 § 46.

   property, by what laws governed, 5.

   Municipalities

   see Corporations.

   Mutual donation

   between consorts, 705, 1185.

   N

   Naturalization, 18.

   Negligence, 985.

   contributory, 989D.

   Negotiorum gestio, 975–978.

   Neighbours

   right of way, 486–491.

   servitudes concerning, 451 et seq.

   Notarial instrument, loss of, 1149, 1150.

   Notaries

   authentic writings, 1139 et seq.

   copies, 1147 et seq.

   gifts, 717, 727 et seq.

   inventory, 1259.

   marriage covenants, 1184, 1186.

   obligation to register

   discharges, 2028.

   marriage covenants, 1996.

   tutorships, 2000.

   vesting assents, 597.

   partition, 640 et seq., 1271.

   prescription, 2121, 2129.

   rights and obligations, 1632 et seq.

   Novation

   effect, 1107–1110.

   when it takes place, 1 § 33, 1100–1105.

   Nullity of contracts, 925, 965 et seq.

   Number, 1 § 19, 31.

   Nurses (privilege), 1897.

   O

   Oath

   includes affirmation 1 § 34.

   of parties or witnesses, 1175, 1176.

   Objections

   to witness, see Incompetency.

   Obligations

   definition 1 § 35.

   English law applies to, 917A.

   essentials of, 918.

   what they arise from, 917, 990.

   Subject of, 991–994.

   effects, 995 et seq., 1875, 1876.

   preservation of thing due, 995.

   specific performance, 997.

   defaults, 999 et seq.

   damages for non-fulfilment, 996, 1001, et seq.

   conditional, 1010 et seq.

   illegal or immoral, 994, 1011.

   with a term, 1020 et seq.

   alternative, 1024 et seq.

   joint and several, 1031 et seq.

   See Joint and several liability.

   divisible and indivisible, 1052 et seq.

   with a penal clause, 1062–1068.

   extinction of, 1069.

   Occupancy, 534, 536, 537.

   Offences

   produce obligations, 985 et seq.

   prescription, 2122, 2123.

   Officers

   buying litigious rights, 1395.

   how designated, 1 § 41.

   of Civil Status, 1 § 55, 36, 37.

   of Justice, see Prescription.

   prescription, 2124.

   Official documents, 1138.

   Omissions

   in registers of civil status, 46.

   Oppositions to marriage, 105, 113 et seq.

   Order in Council (proof), 1138.

   Ordinances (proof), 1138.

   Oven, 482.

   Owner.

   term convertible with proprietor, 1 § 47.

   Ownership

   definition, 361.

   expropriation, 362.

   how acquired, 529.

   improvements by third parties, 372–374.

   rivers, 375 et seq.

   things found without an owner, 535–537.

   treasure found, 532.

   undivided, partition, 632.

   see Owner, Contracts and Agreements, Accession.

   P

   Papers

   family, what they prove, 1159.

   filiation, 201.

   paternity, maternity, 209.

   Parental authority, 210 et seq.

   Partition

   action of, definition, 1 § 36.

   effects of, 688.

   in representation, 566.

   of community, see Community.

   procedure, 632 et seq.

   rescission, 693, 694.

   rights of creditors, 673.

   title deeds to property, 653.

   warranty resulting from, 690–692.

   what acts are reputed to be, 689.

   Pasture, 494.

   Paternity

   see Filiation.

   Pawn

   see Pledge of movables.

   Payment

   application of, 1089–1092.

   at whose expense, 1084.

   definition, 1 § 37, 1070.

   indication of, 1105.

   of price, 1442 et seq.

   tender and deposit, 1093–1099.

   undue payment, 979, 1071.

   Validity of, 1072 et seq.

   where to be made, 1083.

   with subrogation, see Subrogation, 1085.

   Penal Clause, 1062 et seq.

   Penalties, 37, 127, 128, 2134 § 10.

   Peremption

   of suit, definition, 1 § 38.

   effect on prescription, 2087.

   Perishable things (usufruct), 415.

   Person, 1 § 39, 1 § 41, 5.

   Personal Representative

   action on delict for benefit of dependents, 988.

   administration action, 603.

   administration, grant of, 587 et seq.

   special, 589.

   with will annexed, 590, 591.

   causes of action of deceased survive, 609.

   Conveyances by, 595–601.

   defined, 585.

   judge's orders re succession, 604.

   may be a trustee, 805, 2141, see Trustees.

   property of succession vests in, 586, 605, 609.

   rights and powers of, 595 et seq., 2151 et seq.

   security for administration, 602.

   vesting of legacy or share, 595–597, 599.

   Persons of unsound mind

   capacity to contract, 920.

   as to gifts and wills, 700, 770, 773, 775.

   curatorship of, 291, 298, 301 et seq.

   examination of, 288.

   hypothec for balance of curator's account, 1920.

   registration of, 1998, 2001.

   inquisition as to, 285 et seq.

   jurisdiction of judge in lunacy, 310 et seq.

   prescription, 2093, 2131.

   receivers to property of, 309 et seq.

   Physician

   bequests, 777.

   gifts, 710.

   privilege, 1889, 1897, 1903.

   prescription, 2121.

   Pledge

   definition, 1862.

   of immovables, 1863.

   of movables, 1864.

   rights resulting from, 1865, 1866.

   how creditors may dispose of, 1867.

   debtor remains owner of, 1868.

   responsibility of creditor and debtor, 1869.

   Interest on debt given in pledge, 1870, 1871.

   indivisibility, 1872.

   rights of third parties, 1873.

   In commercial matters, 1874.

   Ploughing

   and tilling, privilege, 1903, 1904.

   Ports, 355.

   Possession

   disputed, 5.

   of status of marriage, 130–134, 197, 199.

   as regards accession, 366.

   as regards prescription, 2057 et seq., 2130.

   Possessory Action

   definition, 1 § 42.

   Power of Attorney

   see Agency.

   Preamble to ordinance, 10.

   Prescription

   as to servitudes, 508–512.

   definition, 2047.

   renunciation, 2048–2050.

   who may set up, 2051, 2052.

   conflict of laws, 2053–2055.

   possession for, 2056 et seq.

   causes which hinder, 2065 et seq.

   precarious possession, 2059, 2067 et seq.

   substitution, 2071.

   Against title, when permitted, 2072, 2073.

   positive and negative, effect of, 2047, 2074.

   Imprescriptible things. 2075 et seq.

   rights of Crown, 2076–2079.

   causes which interrupt, 2083 et seq.

   as to joint and several debtors, 2092.

   causes which suspend, 2093 et seq.

   rights of persons under disability, 2093, 2131.

   husband and wife, 2094–2096.

   time required to prescribe, 2103 et seq.

   30 years, 2103 et seq.

   10 years, 2112–2120.

   short prescriptions, 609, 988, 2111, 2121–2124, 2130.

   minors and others under disability, 2131.

   Preservation

   of things by debtor, 995.

   by vendor, 1408.

   by lessee, 1532–1537.

   by agent, 1610.

   by borrower, 1666.

   by depositary, 1702.

   by pledgee, 1869.

   privilege for expenses attending, 1891.

   Presumptions

   different kinds of, 1168.

   legal, their effect, 1169, 1170.

   resulting from final judgment (res judicata), 1171.

   of survivorship, 546–548.

   Pretakings

   by each spouse or his heirs, 1274.

   by heirs, 643, 644.

   Principal

   obligations towards agent, 1620–1626.

   towards third parties, 1627–1631.

   see Agency.

   Private signature, writings under, 1153 et seq.

   Privilege

   definition, 1 § 43, 1878.

   questions as to, 5.

   legal cause of preference, 1877.

   General provisions, 1878–1887.

   of the Crown, 1884, 1889.

   upon movable property, 1888–1902.

   order of, 1889.

   upon immovable property, 1903–1906.

   order of, 1903.

   preservation of, 1907, see Registration.

   effect of, 1938 et seq.

   extinction of, 1966.

   maritime, upon ships, etc., 1901.

   Privy (distance), 482.

   Probate of Wills, 794–798A.

   Proclamation, 1 § 44, 1138.

   Prohibition to alienate, 903 et seq.

   Promise of Marriage

   no ground of opposition to marriage, 105.

   Promise of Sale, 1386–1388.

   Promissory Notes

   Prescription of, 2121.

   Proof

   General provisions, 1133 et seq.

   authentic writings, 1138 et seq.

   copies of, 1147–1151.

   Lost 1149, 1150.

   writings executed out of Saint Lucia, 1152–1152B.

   Private writings, 1153–1160.

   oral testimony, 1161 et seq.

   of foreign law, 1146.

   presumptions, 1168–1171.

   Admissions

   extra judicial, 1173.

   judicial, 1174.

   Property

   nature of, how determined, 5.

   immovable, 334–340.

   see Immovables.

   movable, 341–346.

   vacant, 356, 530.

   common, 531.

   Proprietor

   see Owner.

   Protests

   by one notary, 1140.

   Publication

   of banns of marriage, 97 et seq.

   Public Policy, 5.

   Purchasers

   right of, to expel lessee, 1566, 1567.

   preference among several, 1970–1975.

   under forced sale for public purposes, 1498.

   at judicial sale, recourse of, 1494, 1495.

   certain persons cannot be, 1392–1395.

   subsequent, see Subsequent purchasers.

   see Buyer, Sale, Agent.

   Q

   Quarries, 410.

   Quasi-contracts.

   a cause of obligations, 917.

   definition, 1 § 7.

   obligations from, how formed, 973–974A.

   see Negotiorum gestio, Undue payment.

   Quasi-delicts

   a cause of obligations, 917.

   definition, 1 § 15.

   obligations from, how formed, 985 et seq.

   Queen's Chain

   part of Crown domain, 355.

   not prescriptible, 2077.

   R

   Rain, 485.

   Ratification

   of title, see Confirmation.

   Recaption, definition, 1 § 48.

   Recognition, acts of, 1144, 1145.

   Reconciliation

   of consorts, effect of, 164, 185.

   Records

   copies of official, 1138.

   of births, 38–41.

   prove filiation, 196.

   of burial, 44.

   of civil status, 24 et seq.

   definition, 1 § 49.

   how inscribed, 31.

   how proved when registers lost, 35.

   must be read to parties, 30.

   parties to attorneys for, 29.

   rectification of, 45–47.

   of marriage, 42, 43.

   Redemption, right of

   in sale, 1455 et seq., 1490–1492.

   prescription, 2109.

   in successions, 652.

   Redhibitory action

   definition, 1 § 50.

   Registers

   authentic, prove their contents, 1138.

   family, how they make proof, 35, 1159.

   lost, 35.

   of civil status, by whom and how kept, 25 et seq.

   duplicate, 27, 32.

   duties of depositary, 30, 33, 34, 36.

   extracts from are authentic, 34.

   of real rights, see Registration, Registry offices.

   renewal of worn out, 47A et seq.

   Registrar

   definition, 1 § 51.

   appointment and duties of, 2039.

   district, 25.

   Registration of Real Rights

   against whom, want of may be invoked, 1971.

   at length, how effected, 2013–2016.

   by memorial, 2017–2027.

   by whom may be demanded, 1972.

   cancelling of, 2028 et seq.

   sheriff's deeds, effect of, 2035–2037.

   does not interrupt prescription, 1978.

   gives effect to them, 1967.

   mode of, and renewal of, 2012.

   of privileged claims, 1977.

   other provisions concerning, 1979.

   priority of, 1968, 1973.

   property of insolvent traders, 1974.

   property seized in execution, 1975.

   ranking of registered rights, 2011.

   rights exempt from, 1969.

   rules particular to different titles, 1980 et seq.

   want of, not cured by notice, 1970.

   what parties it avails, 1976.

   Registry offices and Registers, 2038–2046B.

   Relationship.

   proximity of, how established, 558–561.

   Release, 1112–1116

   Renewal

   deed, in rents and emphyteusis, 1946, 2110.

   as regards hypothecs, etc., 1942, 2118.

   of lease, see Tacit renewal, Lease.

   of registration, 2012.

   of worn out registers, 47A.

   Rents

   civil fruits, 400.

   movable, 345.

   redeemable, 347, 348, 351.

   term, 347.

   paid in anticipation, 2010.

   prescription, 2111.

   alienation for rent, 1501 et seq.

   constituted, 1687–1693.

   Repairs

   for preservation by usufructuary, 418.

   by lessor, 1520, 1538.

   by lessee, 1536, 1537, 1539.

   by borrower, 1666, 1675.

   Greater and lesser, 419.

   of roads or other public works, 457.

   Replacement

   of private property of consorts, 1223, 1224.

   Representation (in successions), 562–567.

   Reprises

   of the wife, 1274–1277.

   Rescission

   contracts in fraud of creditors, 965–972.

   contract to build, 1591.

   gifts, 751–756.

   sale for latent defects, 1435–1441.

   lease, 1530, 1545, 1563.

   Res judicata, 1171.

   Responsibility (delictual), 985 et seq.

   Retention, right of

   in returns of property to succession, 674.

   in matters of substitution, 901.

   of possessor who has made improvements, 374.

   see Pledge.

   Return

   to the community.

   when due, 1272, 1273.

   in successions, 654 et seq.

   right of retention, 674.

   Revendication

   by unpaid vendor, 1892–1894.

   Revocation

   of gifts

   at the suit of creditors, 744.

   by donor, 751.

   by subsequent birth of children, 752.

   of wills. 828–834.

   of agency, 1655, 1656.

   Risk

   of thing sold, see Sale.

   of property leased, 1535.

   of borrower, 1664, 1667–1669.

   of things due, upon whom it falls, 957, 995.

   Rivers

   alluvion caused by, 375.

   islands and islets forming in, 377.

   former bed, 379.

   things found in, 536.

   Roads

   maintained by the State, 355.

   things found on, 536.

   construction or repair of, 457.

   S

   Sale, 1382 et seq.

   definition, 1382.

   promise of sale, 1386–1388.

   title deed, expense of, 1389.

   registration, 1390, 1980 et seq.

   intoxicating liquors, 1391.

   capacity to buy or sell, 1392 et seq.

   what may be object of sale, 1396.

   thing not belonging to seller, 1397 et seq.

   stolen goods, 1399, 1400.

   See Commerical Code.

   obligations of seller.

   delivery, 1402 et seq.

   deficiency or excess, 1410–1415.

   warranty against eviction, 1416 et seq.

   against latent defects, 1432 et seq.

   none in judicial sales, 1441.

   obligations of buyer, 1442 et seq.

   payment, 1442.

   time and place of payment, 1443.

   interest, 1444.

   buyer disturbed in possession, 1445.

   avoidance for non-payment, 1446–1454.

   avoidance for other causes, 1455 et seq.

   right of redemption, 1456 et seq.

   lesion, 1470.

   by licitation, 1472.

   by auction, 1474.

   of debts and rights of action, 1478–1486.

   of successions, 1487–1489.

   of litigious rights, 1490–1492.

   forced sales, 1493 et seq.

   giving in payment, 1500.

   alienation for rent, 1501–1503.

   Salvage, 535.

   School-masters

   responsibility for scholars, 986.

   prescription, 2122.

   Sea

   things taken from the, 534, 535.

   Seals

   “The Great Seal”, definition, 1 § 44.

   Seamen, (wills), 787.

   Seashore

   part of Crown domain, 355.

   Seduction (prescription), 2122.

   Seizin

   of heirs, 549, 550, 588.

   of donees, 736.

   of personal representative, 592, 593.

   Seizure

   immovables under, cannot be hypothecated, 1924.

   before judgment, see Attachment.

   Seller

   his obligations, 1401–1441.

   his privilege upon movables, 1892–1894.

   immovables, 1903, 1906.

   registration of, 1981, 1983.

   Separate Property

   what is, 1192.

   Separation of Property

   in successions, 685–687, 1885, 1987.

   in gifts, 743, 1885, 1987.

   in legacies, 815, 1885, 1987.

   in substitutions, 901, 1885, 1987.

   between consorts.

   judicial, dissolves community, 1228.

   how effected, 1229–1233.

   rights of creditors, 1234.

   effect of, 1235–1240.

   by contract of marriage, effects of, 1300, 1301.

   Separation from bed and board

   grounds of, 157–160A.

   cannot be based on consent, 156.

   when Court must, and when may, dismiss action, 160B.

   review of order, 160C.

   formalities of action, 160–167.

   provisional measures, 168 et seq.

   children, 168.

   rights of wife, 169–172.

   husband's contracts, when void, 173.

   effects of, 174 et seq.

   as between spouses, 175–181.

   as to children, 182–184.

   reconciliation, effects of, 164 et seq., 185.

   Sequestration

   is either conventional or judicial, 1717.

   conventional, 1718–1721.

   judicial, 1723–1729.

   Servants

   their domicile, 51.

   rights and obligations of, see Lease and Hire of work, Privileges, Prescription.

   of notaries, cannot be witnesses to a will, 782, see Witnesses

   common employment not a defence to action in delict, 989B.

   Service

   personal, hire of, is subject to tacit renewal, 1569.

   how contract for, terminates, 1570.

   rights and obligations resulting from contract for, 1571, 1572.

   of judicial demand, interrupts prescription, 2085.

   Servitudes

   definition, 1 § 52, 449.

   divisions of, 450.

   legacy of, chargeable to particular legatee, 825.

   Arising from the situation of property.

   flow of water, 451.

   springs, 452.

   running water, 453.

   boundaries between neighbours, 454.

   fences, &c., 455.

   Servitudes

   legal, 456 et seq.

   construction or repair of roads, &c., 457.

   certain obligations to which law subjects proprietors, 458, 459.

   division walls, 460–472.

   ditches, presumption of ownership of, 473–475.

   common, kept at common expense, 476.

   hedges, trees,, 477–480.

   clearance, 481

   certain structures, 482.

   view upon adjoining property, 483, 484, see Neighbours.

   roofs, 485.

   right of way, when may be demanded, 486.

   when and how given, 487, 488.

   who bound to give it in certain cases, 489.

   when it ceases, 490.

   acquired by 30 years prescription, 491.

   private, how established, 492, 496, 497.

   classes of, 493–495.

   comprise all necessary for exercise, 498.

   rights and obligations

   right of the creditor to make all necessary work, 499.

   at whose expense, 500.

   debtor charged with making works, may free himself by giving up the land, 501.

   continue notwithstanding the division of the servient land, 502.

   obligations of the proprietor of the servient land, 503.

   how creditor must use them, 504.

   termination of

   by impossibility of using them, 505.

   but may revive if impossibility ceases, 506.

   by non-user during 30 years, 508–512.

   by confusion, 507.

   as regards usufruct, see Usufruct, Emphyteusis.

   Set Off, 1117–1127A.

   Shall

   how construed, 1 § 53.

   Shares

   in the partition of successions, 641, 644–648.

   see Partition.

   in financial companies, &c., are movable, 344.

   Sheriff

   Who is the, 1 § 54.

   cannot buy certain litigious rights, 1395.

   when liable to imprisonment, 2134.

   Ship

   British, sale of, governed by English law, 1477.

   Signature

   how may be denied, 1155, 1156.

   Slander

   broadcasting or publication, 989F.

   when special damage not required, 989G, 989H.

   See Defamation, Prescription.

   Slander of Title

   when special damage not required, 989 (1).

   Society

   how designated, 1 § 41.

   Soldiers' wills, 787.

   Spiritual Adviser

   of donor, may receive by gift from him, 710.

   Spring, 452.

   Stable (distance), 482.

   Stairs

   repairs and rebuilding, 471.

   Status

   right of child to establish, 203.

   See Records of Civil Status.

   officer, definition, 1 § 55.

   Stores

   for salt or corrosive substances, 482.

   Stray Property, 530–537.

   Streams, 453.

   Sub-Lease, 1542, 1543, 1550.

   Subrogation

   definition, 1 § 56.

   legal or conventional, 1085–1087.

   takes effect against sureties, 1088.

   Does not prejudice part paid creditor, 1081, 1088.

   of heir who pays more than his share, 682.

   of particular legatee, 683.

   in favour of surety, 1846, 1847.

   order of collocation, 1881–1883.

   Subsequent Purchasers

   prescription by, 2112–2118.

   Substitute

   definition, 861.

   Substitution

   children, 866, 871, 872, 874, 902

   coming into operation of, 896 et seq.

   creation of, 865 et seq.

   institutes, who may be, 870

   rights and duties, 880 et seq.

   nature of, 861–864.

   prohibition to alienate, may be, 903

   registration, 874 et seq.

   revocation, 866

   substitute, rights, etc., of, 891 et seq.

   seizin of, 897.

   Successions

   definition of term “succession”, 1 § 57, 539

   “intestate” and “testamentary” defined, 1 § 58, 1 § 59, 540, 800

   Intestate are either legitimate or irregular, 541

   devolution of, 557, 586.

   to surviving spouse and descendants, 567A–568

   to ascendants, 569–572

   to collaterals, 574–577

   place and time of, 543, 544

   by what law governed, 545

   presumption of survivorship, 546–548

   seizin of heirs, 549, 550

   qualities requisite to inherit, 551–556

   degrees of relationship, 558–561

   representation in, 562–567

   relations beyond 12th degree do not inherit, 578

   Irregular

   illegitimate children, 579

   to the Crown, 579 (3), 582, 583

   administration of, 584 et seq.

   See Personal Representative

   without a representative

   vests in Administrator General, 608

   partition of, see Partition

   licitation and sale, of property of, 636–652

   titles, to whom delivered after partition, 653

   Returns in, 654 et seq.

   debts of

   how and by whom are paid, 592–594, 677–681

   recourse of heirs and legatees against each other, 682–684

   separation of property of, 685–688, 815, 816, 822, 823.

   Sufferance

   acts of, cannot found prescription, 2060

   lessee by, 1515, 1530.

   Superstructures

   upon common wall, 465.

   Surety

   discharged by release, 1116

   confusion, 1129

   see Suretyship.

   Suretyship

   its nature, 1825

   kinds of, 1826

   can only be based upon a valid obligation, 1828

   effects and extent, 1827–1832

   obligations of, extend to heirs of surety, 1833

   requisites of sureties, 1834

   how solvency is estimated, 1835

   when fresh surety required, 1836

   effect of, between creditor and surety, 1837 et seq., 1854, 1857

   benefit of discussion, 1837–1840

   responsibility of co-sureties, 1841

   benefit of division, 1842, 1843

   recourse of surety, against principal debtor, 1844 et seq.

   against co-surety, 1851

   subrogation of sureties, 1846

   how extinguished, 1852 et seq.

   Legal and judicial, 1858–1861.

   Survivorship

   rights of, claim during husband's lifetime, 176

   presumption of, 546–548.

   T

   Tacit Renewal (of lease), 1515 et seq.

   None in emphyteusis, 525.

   Taxes

   borne by usufructuary, 421.

   Teachers

   answerable for their pupils, 986

   see Prescription.

   Tender, 1093–1098

   Term

   in obligation, its effect, 1020–1023.

   Testamentary Executors

   see Executor; Personal Representatives.

   Testimony Oral

   of one witness sufficient, 1161

   when may require corroboration, 1162

   who are competent to give, 1162

   when admissible, 1163–1167

   see Acts authentic.

   Thief

   cannot acquire prescription, 2062, 2130.

   Things

   how designated, 1 § 41

   found, 529–537

   not claimed, 536

   distinction of, see Movables, Immovables, Property.

   Third Parties

   effect of contracts with regard to, 961, 962, 964

   acts in fraud of, 965–971

   set-off, 1126, 1127

   see Return in successions, Partitions.

   Tilling

   expenses of, privileged, 1904.

   Time

   computation of for prescription, 2101.

   Title

   definition, 1 § 61

   to whom delivered in partitions of successions, 653

   renewal, see Renewal deed

   primordial, see Primordial title.

   Transaction, 1813 et seq.

   minor, 267.

   Treasure

   definition, 532

   found, to whom it belongs, 411, 532.

   Trees

   on neighbouring properties, 478–481

   right of usufructuary to, 406, 407.

   Trust

   how created, 916A, 805

   see Trustees.

   Trustees, 2141 et seq.

   agents, power to employ, 2163

   appointment and discharge, 2171 et seq.

   limitation on number of, 2171

   new or additional, 2172, 2178

   powers of, 2172

   Trustees of property of persons out of Saint Lucia, 2173

   breach of trust

   liability of beneficiary to indemnify for, 2198

   loans and investments not chargeable as, 2147

   relief of trustee, 2197

   cannot purchase trust property, 1394

   definitions, 2141

   general powers

   concur with others, 2164

   compound liabilities, 2154

   delegate trusts during absence abroad, 2165

   deposit of documents for safe custody, 2160

   devolution of, 2157

   employ agents, 2163

   insurance, 2158, 2159

   postpone sale, 2162

   protection of persons dealing with, 2156

   raise money, 2155, 2156

   receipts, 2153

   reversionary interests, valuations and audit 2161

   sale, 2151, 2152

   increase in number of, 2174

   Indemnities

   acts done under order of court, 2200

   by beneficiary on order of court, 2198

   implied, 2170

   in respect of powers of attorney, 2169

   liability only for own acts, 2170

   protection by means of advertisement, 2167

   protection in regard to notice, 2168

   rents and covenants in leases after conveyance or distribution, 2166

   investments by, 2143 et seq.

   authorised, 2143.

   bank deposits and calls, 2150

   bearer securities, 2146

   discretion as to, 2144

   improper, liability for loss, 2148

   not chargeable as breaches of trust, 2147

   power to retain, 2145

   supplementary powers, 2149

   personal representatives may be, 805, 2141, 2142

   powers of Court

   appointment of new trustees, 2178–2180.

   authorise dealings with property, 2193.

   charge costs on trust property, 2196.

   judgment in absence of trustee, 2195.

   order beneficiary to indemnify for breach of trust, 2198.

   payment into Court, 2199.

   relieve trustee from personal liability, 2197.

   rules of Court, 2201.

   vesting orders

   are conclusive of certain allegations, 2190.

   as to stock and things in action, 2187.

   contingent rights of unborn persons, 2182.

   effect of, 2185.

   land, 2181.

   of charity property, 2188.

   of minor's beneficial property, 2189.

   on judgment for specific performance, 2184.

   on sale or mortgage of land, 2183.

   power to appoint person to convey, 2186.

   registration of, 2191, 2192.

   who may apply for orders, 2194.

   retirement of, without new appointment, 2176.

   separate, for part of trust property, 2174.

   sole trustee, 2174.

   vacancy in trust, evidence of, 2175.

   Vesting of trust property in new or continuing, 2177.

   Tutorship, 216 et seq.

   account of tutor, 268 et seq., 604, 1009.

   Actions of minor, 264.

   appeals, 266.

   administration of tutors, 250 et seq.

   appointment of tutors

   by Court, 217.

   by father or mother, 219.

   when it takes effect, 226.

   does not pass to personal representatives, 227.

   effect of marriage of tutrix, 243.

   exclusion from, 244, 245.

   gifts to minors, how accepted, 263.

   how many tutors may be appointed, 225.

   immovables, alienation and hypothecation of, 257, 258.

   incapacity for, 242.

   inventory, 252.

   investment of money, 254–256.

   joint tutors, differences between,

   power of Court to make orders, 220–222.

   kinds of, 217.

   law of England applies, 216.

   no one bound to accept, 223.

   oath of tutor, 251.

   partition, 265, 653A, 653J.

   prescription of action for account, 2119.

   responsibility for delicts of minor, 986.

   surviving father or mother, tutorship of, 218.

   tutor ad hoc, 224.

   removal from, 244, 246–249.

   U

   Undivided ownership, 632, 1914.

   Undue influence.

   in gifts to advisers, 710.

   payment entitles to restitution, 979–984.

   United Kingdom.

   meaning of term, 1§27.

   Unworthiness

   in matters of succession, 553, 555.

   in matters of gifts, 751, 753.

   in matters of wills, 829.

   Usage, 948, 949.

   Use and Habitation, 437 et seq.

   Usufruct

   nature of, 394.

   how established, 395 et seq.

   termination of, 429 et seq.

   sale of property, effect on, 433, 434.

   destruction of property, 435, 436.

   rights of usufructuary, 398 et seq.

   obligations of usufructuary, 413 et seq.

   of legacy, 825.

   V

   Vacant Estates

   Escheat to the Crown, 356, 579.

   Viable infants, 1§62, 551.

   View, 483, 484

   Violence.

   cause of nullity in contracts, 928–933.

   see Fear, Prescription.

   Vis Major

   causes fortuitous event, 1 § 18.

   W

   Wager.

   when binding, 1822–1824.

   Wages

   their privilege, 1889, 1900, 1903.

   of seamen, 1572.

   of minors, action for, 264.

   Waifs

   to whom they belong, 530–537.

   Walls

   see Common property, Servitudes.

   Warranty

   in gifts, 737.

   between coheirs, 690–692, 1054.

   in sales, 1416 et seq., 1484 et seq.

   in leases, 1521 et seq.

   in hypothecary actions, 1953, 1954.

   Waste

   see Deterioration.

   Water, 451 et seq.

   Way, right of, 486 et seq.

   Wells, 482

   Widow

   community, 1256 et seq.

   mourning, 1284.

   tutorship, 218, 242, 243.

   Wife

   residence and domicile of, 50, 162, 163, 169. 175.

   duty to husband, 144, 145.

   testamentary executorship, 842.

   may make a will, 154.

   registration of rights, of, 1971, 1972, 1994–1997.

   see Husband and Wife, Community, Separation.

   Wills

   by two or more persons jointly, 779.

   capacity to give and receive by, 700, 770 et seq.

   married women, 154, 771.

   minors, 772, 773, 775.

   interdicted persons, 773, 775.

   corporations, 774.

   time relatively to which it is considered, 776.

   religious and other advisers, 777.

   definition, 1 § 63, 697.

   effect of impossible or immoral conditions in, 701.

   Executors

   who may be, 841–845.

   see Testamentary executors, Personal Representatives.

   forms of, 780, et seq.

   notarial, 781, et seq.

   deaf mutes cannot make, 786.

   soldiers or sailors, 787.

   holograph, formalities of, 788, 792, 793.

   English, formalities of, 789, 792, 793.

   how deaf mutes may make, 790.

   effect of legacies in favour of witnesses, 791.

   interpretation of, 808.

   invalidity of, 793.

   Probate of, 794–798A.

   lost will, 797, 798.

   registration of, 1980, 1991–1993.

   revocation of 828 et seq.

   witnesses to, 781 et seq., 788, 789, 791.

   Witnesses

   to notarial wills, 781–784.

   to wills in English form, 789, 791.

   to notarial instruments generally, 1139.

   to give testimony, 1162.

   called by Court, 1176.

   Work and Workmen, 1583 et seq.

   Writings

   what, are authentic, 1138.

   executed out of Saint Lucia, when not to be proved, 1152.

   when necessary for proof, 1163–1167.

   private, 1553 et seq.

   how denied, 1155, 1156.

   how proved, 1156.

   what date they have against third parties, 1157, 1158.

   on the back or other part of document, 1160.

CHAPTER 4:01
CIVIL CODE OF SAINT LUCIA

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation