FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3459 — LA Code / Code civil-code / Article 3459
Application of rules of prescription
Status: in_force

The provisions on prescription governing computation of time apply to peremption.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 2502 — LA Code / Code code-of-civil-procedure / Article 2502
Writ of distringas; contempt; damages
Status: in_force

If a judgment orders the delivery of a thing and the sheriff cannot seize it because the defendant has concealed or removed it from the jurisdiction of the court, or when the judgment orders a defendant to do or refrain from doing an act other than the delivery of a thing, and he refuses or neglects to comply with the order, the party entitled to performance may obtain by contradictory motion the following remedies:

(1) A writ to distrain the property of the defendant;

(2) An order adjudging the disobedient party in contempt; or

(3) A judgment for any damages he may have sustained. He may likewise sue for damages in a separate action.
La. Civ. Code art. 1389 — LA Code / Code civil-code / Article 1389
Liability of coheirs for portion of insolvent coheir.
Status: in_force

If one of the coheirs happens to be insolvent, the portion, for which he is bound, must be divided equally between the one who is guaranteed and the other coheirs who are solvent.
La. Code Civ. Proc. art. 4065 — LA Code / Code code-of-civil-procedure / Article 4065
Legal or dative tutor; petition for appointment; publication of notice
Status: in_force

When a petition for appointment as legal or dative tutor is filed, the applicant shall annex an affidavit listing to the best of his knowledge the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last who reside in the state. A copy of the petition for appointment shall be mailed by registered or certified mail to each person listed in the affidavit.

Notice of the application shall be published once in the parish where the petition was filed, in the manner provided by law.

Amended by Acts 1976, No. 429, §3.
La. Civ. Code art. 2833 — LA Code / Code civil-code / Article 2833
Division of the partnership assets.
Status: in_force

The creditors of a partnership shall be paid in the following order of priority: secured creditors in accordance with their security rights; unsecured creditors who are not partners; unsecured creditors who are partners.

If any assets remain after the payment of all secured and unsecured creditors, the capital contributions shall be restored to the partners. Finally, any surplus shall be divided among the partners proportionally based on their respective interests in the partnership.

Acts 1980, No. 150, §1.
La. Civ. Code art. 3106 — LA Code / Code civil-code / Article 3106
Penal clauses in submission.
Status: in_force

It is usual to undergo* a penalty of a certain sum of money in the submission, which the person who shall contravene the award, or bring appeal therefrom, shall be bound to pay to the other who is willing to abide by it; but this covenant is not essential, and the submission may subsist without the penalty.

*Note error in English translation of French text; "undergo" should be "impose."
La. Code Civ. Proc. art. 804 — LA Code / Code code-of-civil-procedure / Article 804
Same; effect of failure of legal successor to appear
Status: in_force

When the legal successor fails to appear and substitute himself for the deceased party within the delay allowed in the summons, on ex parte written motion of any other party, the court may:

(1) Dismiss the action as to the deceased party, with or without prejudice, if the deceased was a plaintiff; or

(2) When the legal successor of a deceased defendant has not been served by personal or domiciliary service with summons to appear and substitute, appoint an attorney at law to represent such legal successor, and the action shall be proceeded with contradictorily against the attorney at law.

Amended by Acts 1968, No. 123, §1.
La. Civ. Code art. 1559 — LA Code / Code civil-code / Article 1559
Revocation for ingratitude, effect on alienations, leases, or encumbrances
Status: in_force

Revocation for ingratitude does not affect an alienation, lease, or encumbrance made by the donee prior to the filing of the action to revoke. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is movable, the alienation, lease, or encumbrance is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is immovable, the effect of the action to revoke is governed by the law of registry.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Ch. Code art. 1284.1 — LA Code / Code childrens-code / Article 1284.1
Petition; contents; form
Status: in_force

A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Hague Convention Country." The petition or an attached exhibit shall state:

(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.

(2) The name by which the child is known to petitioners.

(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.

(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.

(5) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a Hague Adoption Certificate issued by a United States consular officer pursuant to 22 CFR 42.24(j) and a copy of the child's IH-3 visa. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.

Acts 2013, No. 86, §1.
La. Code Civ. Proc. art. 3864 — LA Code / Code code-of-civil-procedure / Article 3864
Mandamus against corporation or corporate officer; limited liability company or member or manager
Status: in_force

A. A writ of mandamus may be directed to a corporation or an officer thereof to compel either of the following:

(1) The holding of an election or the performance of other duties required by the corporation's articles of incorporation or bylaws, or as prescribed by law.

(2) The recognition of the rights of the corporation's members or shareholders.

B. A writ of mandamus may be directed to a limited liability company or a member or manager thereof to compel either of the following:

(1) The holding of an election or the performance of other duties required by the limited liability company's articles of organization or operating agreement, or as prescribed by law.

(2) The recognition of the rights of the limited liability company's members.

Acts 2017, No. 419, §1.
La. Civ. Code art. 2564 — LA Code / Code civil-code / Article 2564
Dissolution of sale of movables
Status: in_force

If the thing is movable and the seller chooses to seek judicial dissolution of the sale because of the failure of the buyer to perform, the court may not grant to the buyer any extension of time to perform.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 3061 — LA Code / Code code-of-civil-procedure / Article 3061
Judgment rendered and signed immediately
Status: in_force

A. The court shall render and sign immediately a judgment of possession, if it finds from an examination of the petition for possession, and from the record of the proceeding, that the petitioners are entitled to the relief prayed for.

B. The judgment shall recognize the petitioners as the heirs, legatees, surviving spouse in community, or usufructuary, as the case may be, of the deceased, send the heirs or legatees into possession of the property owned by the deceased at the time of his death, and recognize the surviving spouse in community as entitled to the possession of an undivided one-half of the community property, and of the other undivided one-half to the extent that he has the usufruct thereof. The judgment shall include the last known address of at least one of the heirs or legatees or the surviving spouse, as the case may be, sent into possession of the property of the deceased. The failure to include the address of at least one of the heirs or legatees or the surviving spouse shall not affect the validity of the judgment.

C. A judgment sending one or more petitioners into possession under a testamentary usufruct or trust automatically incorporates all the terms of the testamentary usufruct or trust without the necessity of stating the terms in the judgment.

Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973; Acts 2001, No. 641, §1; Acts 2006, No. 314, §1; Acts 2010, No. 175, §1; Acts 2010, No. 226, §1.
La. Civ. Code art. 3079 — LA Code / Code civil-code / Article 3079
Tender and acceptance of less than the amount of the claim
Status: in_force

A compromise is also made when the claimant of a disputed or unliquidated claim, regardless of the extent of his claim, accepts a payment that the other party tenders with the clearly expressed written condition that acceptance of the payment will extinguish the obligation.

Acts 2007, No. 138, §1.
La. Code Civ. Proc. art. 3511 — LA Code / Code code-of-civil-procedure / Article 3511
Attachment and sequestration; privilege
Status: in_force

To the extent not otherwise provided under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a creditor who seizes property under a writ of attachment or of sequestration acquires a privilege from the time of seizure if judgment is rendered maintaining the attachment or sequestration.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 2681 — LA Code / Code civil-code / Article 2681
Form
Status: in_force

A lease may be made orally or in writing. A lease of an immovable is not effective against third persons until filed for recordation in the manner prescribed by legislation.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 1549 — LA Code / Code childrens-code / Article 1549
Authorization; copies; filing
Status: in_force

A. The authorization must be in writing but may not give the court's reasons for granting it.

B. A copy of the authorization must be attached to the copy of the marriage certificate given to the parties and the original of the authorization must be presented to the official who issues the marriage license.

C. A copy of the authorization must also be filed with the marriage certificate as required by law.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 713 — LA Code / Code civil-code / Article 713
Purchaser with reservation of redemption.
Status: in_force

A purchaser under a reserved right of redemption may establish a predial servitude on the property, but it ceases if the seller exercises his right of redemption.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1240 — LA Code / Code childrens-code / Article 1240
Effect of final decree
Status: in_force

A. Except as otherwise provided in this Title, upon a final decree of private adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.

B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.

C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
La. Civ. Code art. 371 — LA Code / Code civil-code / Article 371
Modification or termination of limited emancipation by authentic act
Status: in_force

The parties to an authentic act of limited emancipation may modify or terminate the limited emancipation by making a subsequent authentic act. In addition, a court, for good cause, may modify or terminate limited emancipation by authentic act.

An authentic act or judgment modifying or terminating limited emancipation by authentic act is effective toward third persons as to immovable property when the act or judgment is filed for registry in the conveyance records of the parish in which the property is situated and as to movables when the act or judgment is filed for registry in the conveyance records in the parish or parishes in which the minor was domiciled at the time of the act modifying or terminating limited emancipation by authentic act.

An authentic act or judgment modifying or terminating a prior act of limited emancipation does not affect the validity of a juridical act made by the minor prior to the effective date of modification or termination.

Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 718 — LA Code / Code civil-code / Article 718
Partition by licitation.
Status: in_force

If the estate is partitioned by licitation and the co-owner who consented to the establishment of the predial servitude acquires the ownership of the whole, the servitude burdens the entire estate as if the co-owner had always been sole owner. If the entire estate is adjudicated to any other person the right granted by the co-owner is extinguished.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2592 — LA Code / Code civil-code / Article 2592
Lesion, return of fruits by buyer and payment of interest by seller
Status: in_force

If the buyer elects to return the immovable he must also return to the seller the fruits of the immovable from the time a demand for rescission was made. In such a case, the seller must return to the buyer the price with interest from the same time.

If the buyer elects to keep the immovable he must also pay to the seller interest on the supplement from the time a demand for rescission was made.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 957 — LA Code / Code childrens-code / Article 957
Appointment of counsel
Status: in_force

The juvenile court or traffic referee may appoint an attorney to represent the child whenever appointment of counsel is required in the interests of justice.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 643 — LA Code / Code code-of-criminal-procedure / Article 643
Order for mental examination
Status: in_force

The court shall order a mental examination of the defendant when it has reasonable ground to doubt the defendant's mental capacity to proceed. Prior to the ordering of any such mental examination, the court shall appoint counsel to represent the defendant if he has not already retained counsel.

Amended by Acts 1975, No. 325, §1.
La. Civ. Code art. 1849 — LA Code / Code civil-code / Article 1849
Proof of simulation
Status: in_force

In all cases, testimonial or other evidence may be admitted to prove the existence or a presumption of a simulation or to rebut such a presumption. Nevertheless, between the parties, a counterletter is required to prove that an act purporting to transfer immovable property is an absolute simulation, except when a simulation is presumed or as necessary to protect the rights of forced heirs.

Acts 2012, No. 277, §1.
La. Code Evid. art. 607 — LA Code / Code code-of-evidence / Article 607
Attacking and supporting credibility generally
Status: in_force

A. Who may attack credibility. The credibility of a witness may be attacked by any party, including the party calling him.

B. Time for attacking and supporting credibility. The credibility of a witness may not be attacked until the witness has been sworn, and the credibility of a witness may not be supported unless it has been attacked. However, a party may question any witness as to his relationship to the parties, interest in the lawsuit, or capacity to perceive or to recollect.

C. Attacking credibility intrinsically. Except as otherwise provided by legislation, a party, to attack the credibility of a witness, may examine him concerning any matter having a reasonable tendency to disprove the truthfulness or accuracy of his testimony.

D. Attacking credibility extrinsically. Except as otherwise provided by legislation:

(1) Extrinsic evidence to show a witness' bias, interest, corruption, or defect of capacity is admissible to attack the credibility of the witness.

(2) Other extrinsic evidence, including prior inconsistent statements and evidence contradicting the witness' testimony, is admissible when offered solely to attack the credibility of a witness unless the court determines that the probative value of the evidence on the issue of credibility is substantially outweighed by the risks of undue consumption of time, confusion of the issues, or unfair prejudice.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 3536 — LA Code / Code civil-code / Article 3536
Real rights in corporeal movables
Status: in_force

Real rights in corporeal movables are governed by the law of the state in which the movable was situated at the time that the right was acquired.

Nevertheless, after the removal of a movable to this state, a real right acquired while the movable was situated in another state is subject to the law of this state if: (1) the right is incompatible with the law of this state; (2) the holder of the right knew or should have known of the removal to this state; or (3) justice and equity so dictate in order to protect third persons who, in good faith, have dealt with the thing after its removal to this state.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 2025, No. 488, §1.
La. Ch. Code art. 731 — LA Code / Code childrens-code / Article 731
Complaint
Status: in_force

A. A caretaker, other adult family member, any representative of an agency having the responsibility or ability to supply services to a family, or any other person authorized by the court may file a complaint which alleges one or more of the grounds enumerated in Article 730. Referring entities shall utilize all appropriate and available resources prior to filing a complaint and provide documentation of all steps taken at the time the complaint is filed. If the referring entity is a school, it shall at a minimum document meetings with the child, meetings with the child's caretaker, and referral of the child to school behavior support personnel.

B. The complaint shall be in writing but may make allegations of fact on information and belief.

C. The complaint shall set forth with specificity:

(1) The name, date and place of birth, sex, race, address, and present location of the child.

(2) The name, age, sex, and current address of the child's parents or other caretakers.

(3) The name, age, and sex of any other family members living within the child's home.

(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.

(5) Whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.

D. If any of the information required by Paragraph C of this Article is unknown, the complaint shall so allege.

Acts 1991, No. 235, §7; Acts 1997, No. 612, §2; Acts 2012, No. 660, §1.
La. Code Civ. Proc. art. 3242 — LA Code / Code code-of-civil-procedure / Article 3242
Acknowledgment or rejection of claim by representative
Status: in_force

The succession representative to whom a claim against the succession has been submitted, within thirty days thereof, shall either acknowledge or reject the claim, in whole or in part. This acknowledgment or express rejection shall be in writing, dated, and signed by the succession representative, who shall notify the claimant of his action. Failure of the succession representative either to acknowledge or reject a claim within thirty days of the date it was submitted to him shall be considered a rejection thereof.
La. Code Civ. Proc. art. 3432 — LA Code / Code code-of-civil-procedure / Article 3432
Affidavit for small succession for a person who died intestate; contents
Status: in_force

A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more heirs of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:

(1) The date of death of the deceased, and his domicile at the time thereof.

(2) The fact that the deceased died intestate.

(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence.

(4) The names and last known addresses of the heirs of the deceased, their relationship to the deceased, and the statement that an heir not signing the affidavit either:

(a) Cannot be located after the exercise of reasonable diligence.

(b) Was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object.

(5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer.

(6) A showing of the value of each item of property, and the aggregate value of the property, at the time of the death of the deceased.

(7) A statement describing the respective interests in the property that each heir has inherited and whether a legal usufruct of the surviving spouse attaches to the property.

(8) An affirmation that, by signing the affidavit, the affiant, if an heir, has accepted the succession of the deceased.

(9) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two heirs. If the deceased had no surviving spouse and only one heir, the affidavit shall also be signed by a second person who has actual knowledge of the matters stated in the affidavit.

C. In addition to the powers of a natural tutor or curator otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization.

Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §§1, 2, eff. June 7, 2012; Acts 2024, No. 90, §1.