Civil Code of the State of Louisiana (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 Excerpt: ...is then obliged to apply more than ordinary diligence and is answerable for the slightest neglect Magna ntgligentia culpa at, magna culpa dolus at. Lata culpa plane dob comparabilur. Wood's Inst. b. I. ch. I, p. 106. Abt. 1903.--If the obligation be to deliver an object which is particularly specified, it is perfect by the mere consent of the parties. It renders the creditor the owner, and although it was not delivered to him, puts the thing at his risk from the date of the obligation, if the contract was one of those that purport a transfer. V. 2039. 2041. C.N. 1138. Poth. Oblig. n. 7, 4- al. Vente, n. 309, V. aL Tool. IV. p. 68. Art. 1904.--But if the debtor of a thing is in default for not having made the delivery, it is at his risk from the time of his default. 11 L. R. 239, Hyde vs. Grigsby. 9 L. R. 174, Morton vs. Pollard. 6 L. R. 159, Turner vs. Pully. C. N. 1138. See the preceding article. Art. 1905.--The debtor may be put in default in three different ways: by the terms of the contract, by the act of the creditor, or by the operation of law: 1. By the terms of the contract, when it specially provides that the party failing to comply shall be deemed to be in default by the mere act of his failure; 2. By the act of the party, when at or after the time stipulated for the performance, he demands that it shall be carried into effect, which demand may be made, either by the commencement of a suit, by a demand in writing, by a protest made by a notary public, or by a verbal requisition made in the presence of two witnesses; 3. By the operation of law. This takes place in cases where the breach of the contract alone is by law declared to be equivalent to a default. The law having declared that the neglect to return a thing loaned for use, at the stipu...