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7 Cards in this Set
- Front
- Back
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Primary sources of law |
Legislations - superior source of law, solemn expression of legislative will (Louisiana Laws, Codes) Custom - may not be repealed, long practice and conviction that practice has force of law (taking husbands last name) (not used very often) |
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Secondary sources of law |
Persuasive, not binding Jurisprudence (cases) Doctrine (law review articles, books) Usages - Conventional (long standing practice) / Prevailing (practices relating to a certain type of transaction) Equity (fair logic) Comments in civil code (not passed in legislature) |
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when no rules for a particular situation can be derived from legislation or custom |
the court is bound to proceed according to equity to decide equitably, resort is made to justice, reason and prevailing usages |
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Obligations in general |
an obligation is a legal relationship whereby a person, called the obligor is bound to render a performance in favor of another, called the obligee. performance may consist of giving, doing or not doing something
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conventional obligations |
a contract is an agreement by two or more people whereby obligations are created, modified, or extinguished
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general principals of obligations |
d |
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s |
d |
