1. The meaning, explanation or application assigned in this section to a word, term or enactment, attaches to it whenever occurring in this Code, in the Code of Civil Procedure, or in any ordinance or proclamation, unless such meaning, explanation or application is inconsistent with the context or with the object of the provision in which such word, term or enactment occurs, or is repugnant to some special provision of law.
1. “Author” means the person from whom the right of property has been derived.
2. “Children” includes descendants of children when such meaning may be inferred.
3. “Collocation” is the proceeding by which the claims upon the proceeds of a judicial sale are ranked (collocated) according to the rights of preference which attach to them.
4. “Community” means the common interest of a man and his wife in certain of their property, and is further explained in articles 1188, et seq. The term is also used to designate the property to which this common interest attaches. The term “a community” or “the community” is always used in the latter sense.
5. “Resolutive condition” is a condition attached to a gift or contract by which the gift is revoked or annulled, or the contract determined or dissolved on the occurrence or non-occurrence of a specified event, or on the doing or failure to do, a specified act.
6. “A contract” means an agreement, the fulfilment of which may be enforced through the intervention of a court of justice. The conditions essential to a contract are contained in article 918, and subsequent articles.
7. The term “quasi-contract” indicates an act voluntary and not injurious, which in the absence of any contract, gives rise to an obligation on the part of the doer of the act towards another, or on the part of another person towards the doer, or on the part of each of two persons, one of whom is the doer towards the other. Further particulars are contained in the chapter on quasi-contracts.
8. A contract is termed “onerous” or “gratuitous” with reference to one of the parties to it, according as he has or has not given substantial consideration or incurred obligation in respect of it to the other party.
9. “The Court,” unless the term is qualified by the context, means the High Court or a Judge thereof.
10. The term “creditor” designates not merely one to whom money is owing but one to whom is owing any kind of obligation.
11. The term “debt” denotes anything due under an obligation, whether money or otherwise.
12. The term “debtor” designates not merely one who owes money, but one who owes or is subject to any kind of obligation, whether arising from contract, quasi-contract, delict, quasi-delict, or any other source.
13. “In default” is predicated of a person who has failed to fulfil an obligation or to obey the order of a court of justice, and so long as the failure continues. The term is further explained in connection with obligations in articles 999 and 1000.
14. “Delay” means the period allowed by law or contract for the doing of an act.
15. Each of the terms “delict” and “quasi-delict” indicates an injurious act or incident which, in the absence of any contract gives rise to an obligation towards the injured person (the creditor), on the part of another person (the debtor). The act or incident is termed “delict” when there is, and “quasi-delict” when there is not, injurious intention or culpable negligence on the part of the debtor.
16. “Right of discussion” is a right with respect to property of compelling a creditor to proceed in the first instance against other property liable for the debt.
17. “To discuss” is to exercise this right.
18. An event is termed “fortuitous” when it is the act of God, or when it is caused by irresistible force on the part of man.
19. Words importing the masculine gender apply to either sex; words importing the singular number apply to more than one person or thing and importing the plural number apply to one person or thing, whenever such application may be inferred.
20. A gift is termed “onerous” when it has, and “gratuitous” when it has not, any substantial obligation attached to its acceptance.
21. “Gift in contemplation of death” is a gift otherwise than by will, with the condition attached to it that it shall take effect only after the death of the donor.
22. The word “holograph” is predicated of a will which is wholly written in the handwriting of the testator.
23. “Hypothec” is a charge upon immovables for the fulfilment of an obligation. It is more particularly explained in article 1908.
24. “A hypothecary action” is a recourse by legal proceedings against an immovable which is subject to hypothec. Further particulars respecting this action are contained in this Code and in the Code of Civil Procedure.
25. “Judge” means the Chief Justice or any judge of the Supreme Court.
26. “The Chief Justice” means the Chief Justice of the Court.
27. “The United Kingdom” means the United Kingdom of Great Britain and Northern Ireland.
28. “Universal legatee” means the person to whom is bequeathed a universal legacy. “General legatee” and “particular legatee” have the same relation respectively to “general legacy” and “particular legacy.”
29. “Lesion” means insufficiency of consideration, and is used with reference to contracts.
30. “A counter letter” is a writing by which the parties to a written instrument qualify or alter, as between themselves, the meaning or purport of such instrument.
31. “Licitation” is the sale and division of the proceeds of immovable property belonging in undivided shares to two or more coheirs or co-proprietors when they cannot agree to a partition in kind. “Judicial licitation” takes place when, in an action for partition, licitation is ordered by the Court.
32. “Magistrate” means a Magistrate appointed under the District Courts Act. “District,” when not qualified by the context means judicial district of a magistrate.
33. “Novation” is said to take place with respect to an obligation when a new debt, a new debtor, or a new creditor is substituted for a previous debt, debtor, or creditor. The term is more particularly described in articles 1100, 1101, 1102, 1103, 1104 and 1105.
34. “Oath” includes the affirmation permitted to be made by certain persons.
35. “An obligation” means a duty imposed by law to do or forbear from doing, and sometimes includes in its reference the right to which such duty correlates.
36. “The action of partition” is the proceeding taken by one of two or more coheirs or co-proprietors to obtain a division of their common and undivided property.
37. The term “payment” includes in its meaning not merely the discharge of a debt in money, but the fulfilment of any obligation.
38. “Peremption” is the termination of a suit or action which is obtained by a defendant for want of prosecution on the part of the plaintiff.
39. The word “person” includes in its application bodies corporate and politic, and heirs and legal representatives, when such application may be inferred and is not repugnant to some other law.
40. When an act is required to be done by more than 2 persons, it may be done by the majority.
41. A country, place, body, corporation, society, company, institution, officer, functionary, person or thing, is held to be designated by the name commonly given to it without more ample or general description.
42. “A possessory action” is an action by the possessor of an immovable or of a real right, for the purpose of putting an end to any disturbance of his enjoyment or possession and in order to be maintained in the possession. Further particulars are contained in the Code of Civil Procedure.
43. “Privilege” is the right of preference in payment which is given to certain claims by the law, and without any agreement to that effect.
44. “Proclamation” means proclamation of the Governor General under the Great Seal, and the term “The Great Seal,” used without qualification, means the Great Seal of Saint Lucia.
45. “Commencement of proof” is evidence serving as an introduction to other evidence, each being incomplete proof without the other.
46. “Immovable property” and “immovables” are used as convertible terms, as are also “movable property” and “movables”.
47. “Proprietor” and “owner” are used as convertible terms and have the same meaning.
48. “Recaption” means the seizure by legal proceedings of the goods of a debtor upon which the creditor has a lien, after they have been transferred to third parties.
49. The term “records of civil status” are the entries made for the registration according to law of births, marriages and deaths.
50. “Redhibitory action” is the proceeding by which a purchaser compels the vendor to take back the purchased property on account of a latent defect.
51. “The Registrar” means, according to the context, either a registrar of civil status, or the registrar of deeds and mortgages.
52. “Servitude” means as explained in article 449.
53. The word “shall” is construed as imperative, and the word “may” as permissive. A verb in the present tense denoting the doing of an act is directory and imperative; as for instance in article 27, “Each depositary keeps” is construed as though the words were “each depositary shall keep,” or “it is the duty of each “depositary to keep.”
54. “The Sheriff” means the officer under whatever name, appointed to discharge the functions heretofore belonging to the Provost-Marshal.
55. “Status Officer” means—
(1) Any person, whether minister of religion or layman, who is authorised to keep records of civil status;
(2) (a) Any Anglican, Roman Catholic, Methodist or Presbyterian Minister performing any baptismal, marriage or burial ceremony in Saint Lucia;
(b) The Minister of any other religious denomination who is authorised by the Governor General to perform baptismal, marriage and burial ceremonies in Saint Lucia;
(3) Any layman performing a burial ceremony in the absence of an authorised Minister of religion;
(4) The Registrar of Civil Status, the Deputy Registrar of Civil Status or district registrars who are authorized by law to perform a marriage.
(Amended by Act 1 of 2008)
56. “Subrogation” is the result of the payment of a debt by any one who is not the principal debtor, by which payment, he who makes it is placed or subrogated in the right of the creditor. The term is more particularly described in articles 1085, 1086 and 1087.
57. “Succession” means the devolution by law or by will of the property of a deceased person and such of his rights as are capable of devolution. The same term is also used sometimes to designate the property and rights of a deceased person with respect to which such devolution has taken place. The terms “a succession” or “the succession” are always used in the latter sense.
58. “An intestate succession” means the succession of a person who has died without leaving a valid will.
59. “A testamentary succession” is that which devolves by will.
60. “The mass” of a succession, a community or other property to be distributed, means the whole of the property available for distribution among the creditors and other persons entitled to it.
61. The word “title” is used with reference to property to denote either the act or contract upon which the right to such property is founded, or the document which is the principal evidence of such act or contract, the meaning applicable in any particular case being determined by the context.
62. The term “viable” applied to a new-born child means that it is alive and capable of continuing to live.
63. “Will” includes any testamentary instrument.
(Amended by 1916 Rev. App.; Act 34 of 1956)