2023 Louisiana Laws › Civil Code › Art. 3506. General definitions of terms

TITLE XXV. OF THE SIGNIFICATION OF SUNDRY TERMS
OF LAW EMPLOYED IN THIS CODE
Art. 3506. General definitions of terms
Whenever the terms of law, employed in this Code, have not been particularly defined therein, they shall be understood as follows:
1. The masculine gender comprehends the two sexes, whenever the provision is not one, which is evidently made for one of them only:
Thus, the word man or men includes women; the word son or sons includes daughters; the words he, his and such like, are applicable to both males and females.
2. The singular is often employed to designate several persons or things: the heir, for example, means the heirs, where there are more than one.
3. Abandoned.--In the context of a father or mother abandoning his child, abandonment is presumed when the father or mother has left his child for a period of at least twelve months and the father or mother has failed to provide for the child's care and support, without just cause, thus demonstrating an intention to permanently avoid parental responsibility.
4. Repealed by Acts 1999, No. 503, §1.
5. Assigns.--Assigns means those to whom rights have been transmitted by particular title; such as sale, donation, legacy, transfer or cession.
6, 7. Repealed by Acts 1999, No. 503, §1.
8. Children. Under this name are included those persons born of the marriage, those adopted, and those whose filiation to the parent has been established in the manner provided by law, as well as descendants of them in the direct line.
A child born of marriage is a child conceived or born during the marriage of his parents or adopted by them.
A child born outside of marriage is a child conceived and born outside of the marriage of his parents.
9-11. Repealed by Acts 1999, No. 503, §1.
12. Family.--Family in a limited sense, signifies father, mother, and children. In a more extensive sense, it comprehends all the individuals who live under the authority of another, and includes the servants of the family.
It is also employed to signify all the relations who descend from a common root.
13-22. Repealed by Acts 1999, No. 503, §1.
23. Repealed by Acts 1987, No. 125, §2, eff. Jan. 1, 1988.
24-27. Repealed by Acts 1999, No. 503, §1.
28. Successor.--Successor is, generally speaking, the person who takes the place of another.
There are in law two sorts of successors: the universal successor, such as the heir, the universal legatee, and the general legatee; and the successor by particular title, such as the buyer, donee or legatee of particular things, the transferee.
The universal successor represents the person of the deceased, and succeeds to all his rights and charges.
The particular successor succeeds only to the rights appertaining to the thing which is sold, ceded or bequeathed to him.
29-31. Repealed by Acts 1999, No. 503, §1.
32. Third Persons.--With respect to a contract or judgment, third persons are all who are not parties to it. In case of failure, third persons are, particularly, those creditors of the debtor who contracted with him without knowledge of the rights which he had transferred to another.
Amended by Acts 1979, No. 607, §1; Acts 1981, No. 919, §2, eff. Jan. 1, 1982; Acts 1979, No. 711, §1; Acts 1987, No. 125, §2, eff. Jan. 1, 1988; Acts 1990, No. 989, §7, eff. Jan. 1, 1991; Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 1997, No. 1421, §2, eff. July 1, 1999; Acts 1999, No. 503, §1; Acts 2004, No. 26, §1.