Louisiana Civil Code 1408 – Termination of partition suit by defendant’s tender.
Current as of: 2023 | Check for updates
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Terms Used In Louisiana Civil Code 1408
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
The defendant in the suit for rescission may stop its course and prevent a new partition, by offering and giving to the plaintiff the supplement of his hereditary portion, either in money or in kind, provided the rescission is not demanded for cause of violence or fraud.