FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 2572 — LA Code / Code civil-code / Article 2572
Redemption against second purchaser
Status: in_force

When the thing is immovable, the right of redemption is effective against third persons only from the time the instrument that contains it is filed for registry in the parish where the immovable is located.

When the thing is movable, the right of redemption is effective against third persons who, at the time of purchase, had actual knowledge of the existence of that right.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 553 — LA Code / Code civil-code / Article 553
Voting of shares of stock and other rights
Status: in_force

The usufructuary has the right to vote shares of stock in corporations and to vote or exercise similar rights with respect to interests in other juridical persons, unless otherwise provided.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Crim. Proc. art. 214 — LA Code / Code code-of-criminal-procedure / Article 214
Arrest by private person; when lawful
Status: in_force

A private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence.
La. Ch. Code art. 1301.1 — LA Code / Code childrens-code / Article 1301.1
Short title
Status: in_force

This Chapter may be cited as the "Uniform Interstate Family Support Act".

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 1421 — LA Code / Code civil-code / Article 1421
Estate debts, charged
Status: in_force

Unless otherwise provided by the testament, by agreement of the successors, or by law, estate debts are charged against the property of the estate and its fruits and products in accordance with the following articles.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 5126 — LA Code / Code code-of-civil-procedure / Article 5126
Insufficiency or invalidity of new or supplemental bond
Status: in_force

The party furnishing a new or supplemental bond under the provisions of Article 5124 may correct an insufficiency or invalidity therein by furnishing a second new or supplemental bond within four days, exclusive of legal holidays, of rendition of judgment holding the new or supplemental bond insufficient or invalid, or at any time if no rule to test the new or supplemental bond has been filed.

If the second new or supplemental bond is insufficient or invalid, the party furnishing it may not correct the defects therein by furnishing a further new or supplemental bond.
La. Ch. Code art. 623 — LA Code / Code childrens-code / Article 623
Notice; right to be heard
Status: in_force

A. The department shall give notice of any order regarding the child issued in accordance with Article 619(C) or 620 to the child's parents, the district defender or other entity designated for the jurisdiction by the Indigent Parents' Representation Program for representing parents, the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child, and other parties. The department shall also give notice regarding any child in foster care to any foster parent, pre-adoptive parent, and relative providing care. The department shall notify the court of each party's address and shall have a continuing duty to provide current information to the court about each party's whereabouts.

B. The notice shall state the date, time, and place of any scheduled hearing and inform the recipient of the right to attend and be heard. The notice to the district defender and the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child shall also include a copy of the verified complaint, the affidavit required in Article 620(B), and any order issued by the court.

C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

D. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.

E. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
La. Civ. Code art. 1608 — LA Code / Code civil-code / Article 1608
Revocation of a legacy or other testamentary provision
Status: in_force

Revocation of a legacy or other testamentary provision occurs when the testator:

(1) So declares in one of the forms prescribed for testaments.

(2) Makes a subsequent incompatible testamentary disposition or provision.

(3) Makes a subsequent inter vivos disposition of the thing that is the object of the legacy and does not reacquire it.

(4) Clearly revokes the provision or legacy by a signed writing on the testament itself.

(5) Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 3201 — LA Code / Code civil-code / Article 3201
Maximum period of privileged expenses.
Status: in_force

However long the sickness may have lasted after arriving at the point which prevented him from attending to his affairs, the privilege granted for the expense it has occasioned, can only extend to one year before the decease.
La. Civ. Code art. 2299 — LA Code / Code civil-code / Article 2299
Obligation to restore
Status: in_force

A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Ch. Code art. 877 — LA Code / Code childrens-code / Article 877
Adjudication hearing; time limitations
Status: in_force

A. When the child is charged with a crime of violence as defined in R.S. 14:2(B) and the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within sixty days of the appearance to answer the petition. In all other cases, if the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition.

B. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition.

C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and shall dismiss the petition.

D. For good cause, the court may extend such period.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 124, §1, eff. May 14, 2012.
La. Civ. Code art. 1952 — LA Code / Code civil-code / Article 1952
Rescission; liability for damages
Status: in_force

A party who obtains rescission on grounds of his own error is liable for the loss thereby sustained by the other party unless the latter knew or should have known of the error.

The court may refuse rescission when the effective protection of the other party's interest requires that the contract be upheld. In that case, a reasonable compensation for the loss he has sustained may be granted to the party to whom rescission is refused.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 583 — LA Code / Code civil-code / Article 583
Ruin from accident, force majeure , or age
Status: in_force

Neither the usufructuary nor the naked owner is bound to restore property that has been totally destroyed through accident, force majeure , or age.

If the naked owner elects to restore the property or to make extraordinary repairs, he shall do so within a reasonable time and in the manner least inconvenient and onerous for the usufructuary.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 4602 — LA Code / Code code-of-civil-procedure / Article 4602
Judicial partition
Status: in_force

Partition must be judicial when:

(1) A party is an unrepresented absentee, minor, or mental incompetent; or

(2) All the interested parties cannot agree upon a nonjudicial partition.
La. Ch. Code art. 404 — LA Code / Code childrens-code / Article 404
Docketing of juvenile cases
Status: in_force

Juvenile cases shall be docketed and handled separately from regular criminal and civil cases, and juvenile case records shall be confidential and kept separately.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Civ. Code art. 870 — LA Code / Code civil-code / Article 870
Modes of acquiring ownership
Status: in_force

A. The ownership of things or property is acquired by succession either testate or intestate, by the effect of obligations, and by the operation of law.

B. Testate and intestate succession rights, including the right to claim as a forced heir, are governed by the law in effect on the date of the decedent's death.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2001, No. 560, §1, eff. June 22, 2001.
La. Code Civ. Proc. art. 4920 — LA Code / Code code-of-civil-procedure / Article 4920
Delay for answering; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

The defendant shall answer within ten days of the service of citation, except that, when the citation is served through the secretary of state, the delay, as to all defendants, shall be fifteen days after service.

Acts 1986, No. 156, §1.
La. Civ. Code art. 2653 — LA Code / Code civil-code / Article 2653
Assignability prohibited by contract; exceptions
Status: in_force

A right cannot be assigned when the contract from which it arises prohibits the assignment of that right. Such a prohibition has no effect against an assignee who has no knowledge of its existence.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 545 — LA Code / Code childrens-code / Article 545
Confidentiality
Status: in_force

A. Any court order rendered or interagency information sharing agreement entered into pursuant to this Chapter shall specify the conditions under which information is to be made available to authorized parties, and shall include procedures for preserving the confidentiality of all records and information pertaining to a child.

B. Disclosure of information pursuant to any interagency information sharing agreement shall only be made between authorized persons within agencies that are involved in the assessment, diagnosis, treatment, care, or rehabilitation of children and for the purpose of ensuring cooperation and coordination of all agencies in providing services to children and their families.

Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
La. Ch. Code art. 1039 — LA Code / Code childrens-code / Article 1039
Other dispositions
Status: in_force

A. After final submission, the court shall render its judgment within thirty days.

B.(1) If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interest of the child, it shall enter written findings on both issues and may:

(a) Dismiss the petition.

(b) Reinstate the parent to full care and custody of the child.

(c) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI of this Code.

(d) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI of this Code.

(e) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII of this Code.

(f) Make any other disposition that is in the best interest of the child.

(2) In actions based on Article 1015.1, if the court finds the alleged grounds are not proven, then any determination of custody, visitation, contact, and all other parental rights of the alleged perpetrator shall be determined in a separate action independent of the termination proceeding.

C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment.

D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
La. Civ. Code art. 3133 — LA Code / Code civil-code / Article 3133
Liability of an obligor for his obligations
Status: in_force

Whoever is personally bound for an obligation is obligated to fulfill it out of all of his property, movable and immovable, present and future.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 2498 — LA Code / Code civil-code / Article 2498
Prescription of actions for supplement or diminution of price or for dissolution
Status: in_force

The seller's action for an increase of the price and the buyer's actions for diminution of the price or dissolution of the sale for shortage or excessive surplus in the extent of the immovable sold prescribe one year from the day of the sale.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2714 — LA Code / Code civil-code / Article 2714
Expropriation; loss or destruction
Status: in_force

If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 4902 — LA Code / Code code-of-civil-procedure / Article 4902
Citation in parish and city courts
Status: in_force

A. The citation shall summon the defendant to comply with the demand of the plaintiff against him, or to state his answer to the demand, within the delay provided by Article 4903, and shall state the location where the court is to be held.

B. A copy of the petition shall be attached to the citation.

C. The citation shall conform to the requirements for citation issuing out of the district court.

Acts 1986, No. 156, §1.
La. Civ. Code art. 2991 — LA Code / Code civil-code / Article 2991
Interest served
Status: in_force

The contract of mandate may serve the exclusive or the common interest of the principal, the mandatary, or a third person.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 3072 — LA Code / Code civil-code / Article 3072
Formal requirements; effects
Status: in_force

A compromise shall be made in writing or recited in open court, in which case the recitation shall be susceptible of being transcribed from the record of the proceedings.

Acts 2007, No. 138, §1.
La. Code Crim. Proc. art. 551.1 — LA Code / Code code-of-criminal-procedure / Article 551.1
Substitution of railroad defendant at arraignment
Status: in_force

A. Subject to the provisions of Paragraph D, at arraignment and upon verified motion of the railroad employer of an employee-defendant charged with a violation of a parish or municipal ordinance, the railroad employer shall be substituted as defendant in the proceedings in accordance with the provisions of Paragraphs B and C.

B. Any railroad employer seeking to be substituted as the defendant in any proceeding citing its employee for a violation of any parish or municipal ordinance must file a verified motion setting forth the facts that the defendant is its employee, and at the time of the violation, the defendant was in the employ of the railroad employer and was performing his duties and functions in the course and scope of his employment which caused the violation, in accordance with the rules and regulations or instructions of the employer.

C. Subject to the provisions of Paragraph D, upon the timely filing of the motion to substitute defendant by the railroad employer, the railroad employer shall be substituted as the defendant in the proceedings, the individual employee shall be dismissed as a defendant, and the charges against the individual employee shall be erased from the record, at which time the railroad defendant shall be the sole defendant and entity responsible for the violation of the parish or municipal ordinance as originally cited.

D. The provisions of this Article shall not apply to or be available in prosecutions involving the alleged consumption of alcohol or controlled dangerous substances.

Acts 1993, No. 360, §1, eff. June 3, 1993.
La. Code Civ. Proc. art. 1356 — LA Code / Code code-of-civil-procedure / Article 1356
Subpoenas and subpoenas duces tecum for depositions or inspections
Status: in_force

A. Proof of service of a notice to take a deposition or of a notice of inspection under Article 1463 constitutes sufficient authorization for issuance by the clerk or judge of the district court wherein the action is pending of subpoenas and subpoenas duces tecum.

B. Subpoenas and subpoenas duces tecum compelling the appearance of a witness who is not a party shall be served within a reasonable period of time before the time specified for the deposition.

C. All provisions applicable to subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued under the provisions of this Article, except as otherwise provided by law.

Amended by Acts 1968, No. 116, §1; Acts 1995, No. 410, §1; Acts 1995, No. 1068, §1, eff. June 29, 1995.
La. Ch. Code art. 1173 — LA Code / Code childrens-code / Article 1173
Preplacement home study; requirements
Status: in_force

A. The department shall promulgate rules and regulations for preplacement home studies in private adoptions in accordance with the Administrative Procedure Act. The rules and regulations promulgated pursuant to this Article shall not be inconsistent with the following:

(1) The rules and regulations governing the licensing of adoption agencies relative to preplacement home studies, specifically adoptive home studies, notification regarding application, access to records, updating home studies, review procedures, and adoptive parents' records, to the extent that such provisions are compatible with procedural laws governing private surrenders and adoptions.

(2) Such study shall be conducted by a social worker in the employ of a licensed adoption agency, licensed social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, except that a prospective adoptive parent who is domiciled outside the state shall obtain a preplacement home study in accordance with the provisions of Chapter 2 of Title XVI.

(3) A certification for adoption issued after a favorable preplacement home study shall be completed or brought current within twelve months next preceding the placement of a child with the adoptive parents.

B. The sheriff and department shall conduct and accord priority to requests for a criminal records check for all federal and state arrests and convictions and validated complaints of child abuse or neglect, respectively, in this or any other state of each prospective adoptive parent, and shall provide a certificate indicating all information discovered or that no information has been found, all in accordance with the applicable rules and regulations promulgated by the department.

C. The department shall promulgate and submit for approval such rules and regulations governing placement home studies in private adoptions in accordance with the Administrative Procedure Act no later than October 1, 1991, and such rules and regulations shall become effective upon its publication in the Louisiana Register.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1; Acts 2009, No. 194, §1, eff. June 30, 2009; Acts 2009, No. 251, §13.
La. Code Civ. Proc. art. 4302 — LA Code / Code code-of-civil-procedure / Article 4302
Terms of sale
Status: in_force

A sale of minor's property shall be for cash, unless upon the petition of the tutor the court authorizes a credit sale. When a credit sale is authorized, the order shall specify the terms of the sale and the security.
La. Civ. Code art. 3416 — LA Code / Code civil-code / Article 3416
Tamed wild animals
Status: in_force

Tamed wild animals and birds are privately owned as long as they have the habit of returning to their owner. They are considered to have lost the habit when they fail to return within a reasonable time. In such a case, they are considered to have recovered their natural liberty unless their owner takes immediate measures for their pursuit and recapture.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 4924 — LA Code / Code code-of-civil-procedure / Article 4924
Appeals from justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

A. Appeal from a judgment rendered by a justice of the peace court or a clerk of court shall be taken to the parish court or, if there is no parish court, to the district court of the parish in which the justice of the peace court is situated.

B. The case is tried de novo on appeal. However, a trial de novo, in the district court from the justice of the peace court, is not subject to the jurisdictional limit of the justice of the peace court.

C. No further appeal from the judgment of the parish or district court is allowed.

D. Supervisory jurisdiction of the proceedings in the parish or district court may be exercised by the court of appeal which otherwise would have had appellate jurisdiction.

Acts 1986, No. 156, §1; Acts 1999, No. 678, §1.
La. Civ. Code art. 1418 — LA Code / Code civil-code / Article 1418
Successors who are creditors, order of preference
Status: in_force

Successors who are creditors of the estate are paid in the same order of preference as other creditors.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1378 — LA Code / Code civil-code / Article 1378
Errors of form, effect.
Status: in_force

The form in which the officer is directed to make the act of partition, as is above described, is not a matter of such strict law that nullity results from the act, in case of this officer making any change in the form; provided all the provisions of the law relating to the formation of the accounts between the parties, the deductions, the composition of the mass of the succession, the appointment and oaths of the experts and the making and drawing of the lots, have been observed in the partition, and the parties interested therein, or their representatives, have been duly notified to be present at the same.*

* English translation of French text incomplete; should include "if they saw fit."