BILAN

4 definitions found across Law Mind sources

BILANAuthored
The Law Mind • 630 words
Definition
A term used in Louisiana law, derived from French, referring to a book or record in which bankers, merchants, and traders enter a comprehensive statement of their financial position — listing everything they owe and everything owed to them. Functionally equivalent to a balance sheet. The term appears in Louisiana legal sources as a direct borrowing from French commercial practice and has no meaningful counterpart in common-law jurisdictions.
Common Confusion
BILAN is sometimes loosely equated with a mere account book or ledger, but the historical sources are consistent that it captures a complete financial statement — both liabilities and receivables together — rather than a running record of individual transactions. The distinction matters in commercial litigation where the scope of a document's contents is at issue.
Why It Matters in Research
Researchers will encounter BILAN almost exclusively in Louisiana sources, particularly in early-nineteenth-century commercial and insolvency cases arising under Louisiana's civil-law tradition. The term reflects Louisiana's French legal heritage and its divergence from common-law commercial vocabulary. A researcher working in common-law jurisdictions who encounters the word in a reprinted case or treatise can treat it as a synonym for balance sheet without further analysis, but should note that the Louisiana courts of the period treated the bilan as a formal document with evidentiary significance in disputes over a merchant's solvency or the state of accounts between parties. The Dauphin v. Soulie reference (3 Mart. (N.S.) 446) cited in Black's 2nd edition and Bouvier points to the Louisiana Reports as the primary corpus for this term. Researchers tracing early Louisiana commercial law — particularly matters of bankruptcy, partnership dissolution, or creditor priority — should look to that series first. Rapalje & Lawrence's entry usefully appends a note on BILANCIIS DEFERENDIS, a distinct common-law writ relating to the weighing of wool at port; researchers should not conflate the two terms despite their visual similarity. Because BILAN belongs to a civil-law commercial tradition, modern Louisiana sources may use equivalent English or French terms (bilan, balance sheet, état de situation) interchangeably in translated or bilingual documents. When working with notarial records, succession proceedings, or commercial litigation from the antebellum Louisiana period, expect variant spellings and occasional untranslated French passages in which bilan appears without gloss.
Historical Dictionary Support
All four source dictionaries agree closely on the definition, with only minor variation in phrasing. Black's (both editions), Bouvier's, and Rapalje & Lawrence are unanimous: the bilan is a comprehensive financial record — debts and receivables — functioning as a balance sheet. This is a rare instance of complete convergence across the historical shelf. Bouvier adds a second Louisiana Reports citation (5 Mart. (N.S.) 158) alongside the Dauphin v. Soulie reference, giving researchers a second anchor point in the case law. Rapalje & Lawrence is the most precise on the document's contents, specifying "indebtedness and bills receivable," which maps cleanly onto the liability/asset structure of a modern balance sheet. None of the historical sources address what evidentiary weight a bilan carried in Louisiana courts, how it was authenticated, or what consequences followed from a merchant's failure to maintain one — questions that would require direct research in the Louisiana Reports and Louisiana's early commercial codes.
Jurisdictional Note
BILAN is a Louisiana-specific term with no recognized counterpart in common-law American jurisdictions. Researchers working outside Louisiana have no occasion to use it; those working in Louisiana's historical legal record should treat it as interchangeable with "balance sheet" while remaining alert to any procedural or evidentiary rules that may have governed the document's formal use under Louisiana's civil-law practice.
Related Terms
Balance sheet — Account stated — Account books — Commercial paper — Bills receivable — Insolvency — Louisiana civil law — Ledger
BILANmain
Black's Law Dictionary • 1891
A term used in Louisiana, de- rived from the French. A book in which bankers, merchants, and traders write a statement of all they owe and all that is due them; a balance-sheet. See 3 Mart. (N. S.) 446.
BILANmain
Bouvier's Law Dictionary • 1928
A book in which bankers, merchants, and traders write a statement of all they owe and all that is due to them. A balance sheet. 3 Mart. La. N. S. 446. The term is used in Louisiana, and is derived from the French. 5 id. 158.
BILANmain
Rapalje & Lawrence • 1888
A French term in use in Louisiana, for a book in which bankers and others enter their indebtedness and bills receivable. A balance sheet. BILANCIIS DEFERENDIS.-A writ directed to a corporation for the carrying of weights to such a haven, there to weigh the wool that persons by our ancient laws were licensed to transport.-Reg. Orig. 270, 279 b.

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