FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1483 — LA Code / Code civil-code / Article 1483
Proof of fraud, duress, or undue influence
Status: in_force

A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and the wrongdoer was not then related to the donor by affinity, consanguinity or adoption, the person who challenges the donation need only prove the fraud, duress, or undue influence by a preponderance of the evidence.

Acts 1991, No. 363, §1.
La. Ch. Code art. 1147 — LA Code / Code childrens-code / Article 1147
Grounds
Status: in_force

No act of surrender shall be subject to annulment except upon proof of duress or fraud, notwithstanding any provision of law to the contrary.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Civ. Code art. 952 — LA Code / Code civil-code / Article 952
Probate or annulment of testament after acceptance or renunciation of succession
Status: in_force

An acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated or given the effect of probate. An acceptance or renunciation of rights to succeed in a testate succession is null if the probate of the testament is subsequently annulled or the rights are altered, amended, or revoked by a subsequent testament or codicil.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Civ. Code art. 3255 — LA Code / Code civil-code / Article 3255
Order of payment when available movables insufficient.
Status: in_force

But when part of the movables are subject to special privileges, and the remainder of the movables are not sufficient to discharge the debts having a privilege on the whole mass of movables, or if there be equality* between the special privileges, the following rules shall direct the determination.

*In this context, the French word "concurrence" would be translated more properly by "competition" than by "equality."
La. Ch. Code art. 102 — LA Code / Code childrens-code / Article 102
Purpose and construction
Status: in_force

The provisions of this Code shall be liberally construed to the end that each child and parent coming within the jurisdiction of the court shall be accorded due process and that each child shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare. In those instances when the child is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him. These Code provisions shall be construed to promote the stability of the family; to secure simplicity in procedure, fairness in adjudication and administration, and the elimination of unjustifiable delay; and to promote public safety.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 2024, No. 93, §1.
La. Ch. Code art. 328.2 — LA Code / Code childrens-code / Article 328.2
Confidentiality of records; child advocacy centers
Status: in_force

The files, reports, records, communications, working papers, or videotaped interviews used or developed in providing services under Part II of Title V of this Code are confidential and not subject to the Public Records Law. Disclosure of any files, reports, records, communications, or working papers of a child advocacy center may be made only pursuant to Article 525 or by order of the juvenile court of competent jurisdiction pursuant to Article 412. Disclosure of videotaped interviews of protected persons shall be disclosed either pursuant to R.S. 15:440.1 et seq. or Article 322 et seq.

Acts 2024, No. 654, §2.
La. Code Civ. Proc. art. 2372 — LA Code / Code code-of-civil-procedure / Article 2372
Sale subject to superior real charge or lease
Status: in_force

The property is sold subject to any real charge or lease with which it is burdened, superior to any security interest, mortgage, lien, or privilege of the seizing creditor.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Ch. Code art. 1182 — LA Code / Code childrens-code / Article 1182
Records of adoption decrees
Status: in_force

A. Whenever an interlocutory decree of adoption has been granted, the clerk of court shall forward a certified copy of the decree to the Department of Children and Family Services.

B. Whenever a final decree of adoption has been granted with regard to a child born in Louisiana, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, a certificate of the decree to the state registrar of vital records.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 544 — LA Code / Code civil-code / Article 544
Methods of establishing usufruct; things susceptible of usufruct.
Status: in_force

Usufruct may be established by a juridical act either inter vivos or mortis causa, or by operation of law. The usufruct created by juridical act is called conventional; the usufruct created by operation of law is called legal.

Usufruct may be established on all kinds of things, movable or immovable, corporeal or incorporeal.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 43 — LA Code / Code code-of-civil-procedure / Article 43
Exceptions to general rules
Status: in_force

The general rules of venue provided in Article 42 are subject to the exceptions provided in Section 2 of Chapter 2 of Title 1 of Book 1 of this Code and otherwise provided by law.

Amended by Acts 1982, No. 649, §1; Acts 2013, No. 78, §1.
La. Code Civ. Proc. art. 74.5 — LA Code / Code code-of-civil-procedure / Article 74.5
Adult adoption
Status: in_force

An action to authorize an adult adoption in accordance with the second paragraph of Civil Code Article 212 may be brought in the parish of the domicile of either party to the adoption.

Acts 2008, No. 351, §2, eff. Jan. 1, 2009.
La. Ch. Code art. 1006 — LA Code / Code childrens-code / Article 1006
Venue
Status: in_force

A proceeding under this Title may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child was present when an act alleged in the petition took place or conditions alleged in the petition existed, or the parish in which the child is found.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Civ. Proc. art. 3261 — LA Code / Code code-of-civil-procedure / Article 3261
Purpose of sale
Status: in_force

A succession representative may sell succession property in order to pay debts and legacies, or for any other purpose, when authorized by the court as provided in this Chapter.
La. Ch. Code art. 1177 — LA Code / Code childrens-code / Article 1177
Hearing
Status: in_force

A. The application for court approval of adoptive placement shall be set for hearing in chambers, confidentially, and in a summary manner within forty-eight hours of its filing.

B. At the hearing, the prospective adoptive parents shall testify under oath concerning their fitness to receive the child into their care and custody, including but not limited to:

(1) Their moral fitness, previous criminal records or validated complaints of child abuse or neglect, if any.

(2) Their mental and physical health.

(3) Their financial capacity and disposition to provide the child with food, clothing, medical care, and other material needs.

(4) Their capacity and disposition to give the child love, affection, and guidance and to undertake the responsibilities of becoming the child's parents.

(5) The adequacy of the physical environment of their home and neighborhood for the placement of the child.

(6) The names and ages of other family members who would reside with the child in the prospective adoptive home and their attitude toward the proposed adoption.

(7) The stability and permanence, as a family unit, of the proposed adoptive home.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3652 — LA Code / Code code-of-civil-procedure / Article 3652
Same; parties; venue
Status: in_force

A. A petitory action may be brought by a person who claims the ownership of only an undivided interest in the immovable property or real right therein, or whose asserted ownership is limited to a certain period which has not yet expired, or which may be terminated by an event which has not yet occurred.

B. A lessee or other person who occupies the immovable property or enjoys the real right therein under an agreement with the person who claims the ownership thereof adversely to the plaintiff may be joined in the action as a defendant.

C. A petitory action shall be brought in the venue provided by Article 80(A)(1), even when the plaintiff prays for judgment for the fruits and revenues of the property, or for damages.

Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1.
La. Civ. Code art. 717 — LA Code / Code civil-code / Article 717
Partition in kind.
Status: in_force

If the estate owned in indivision is partitioned in kind, the servitude established by a co-owner on his undivided part burdens only the part allotted to him.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1749 — LA Code / Code civil-code / Article 1749
Donation of property to be left at death; caducity
Status: in_force

When the donation consists of property that the donor will leave at his death, it becomes of no effect and the object thereof thereupon falls to the heirs or legatees of the donor spouse, as the case may be, if the donee predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Code Civ. Proc. art. 5002 — LA Code / Code code-of-civil-procedure / Article 5002
Delay for appeal
Status: in_force

A. An appeal from a judgment rendered by a city court or a parish court may be taken only within ten days from the date of the judgment or from the service of notice of judgment, when such notice is necessary.

B. When an application for new trial is timely filed, however, the delay for appeal commences on the day after the motion is denied, or from service of notice of the order denying a new trial, when such notice is necessary.

Acts 1986, No. 156, §1.
La. Civ. Code art. 3035 — LA Code / Code civil-code / Article 3035
Definition of suretyship
Status: in_force

Suretyship is an accessory contract by which a person binds himself to a creditor to fulfill the obligation of another upon the failure of the latter to do so.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 2786 — LA Code / Code code-of-civil-procedure / Article 2786
Registration of support orders for modification
Status: in_force

A. A support order rendered by a court of this state may be registered for modification in another court of this state if all parties to the order are no longer domiciled in the parish of the rendering court.

B. A party to a support order seeking to register the support order pursuant to the provisions of this Subsection shall transmit to the clerk of the registering court all of the following:

(1) A certified copy of the support order.

(2) A verified statement of support or a federally approved URESA or UIFSA form, signed by a party to the support order, indicating all of the following:

(a) The name and street address of the obligee.

(b) The name, last known place of residence, and post office or street address of the obligor.

(c) A list of all the jurisdictions in which the order is registered.

C. Upon receipt of these documents, the clerk of court shall:

(1) Treat the documents as if they were a petition seeking relief relative to a family law matter by assigning a docket number and, if applicable, designate a division to which the matter is allotted.

(2) Register the support order by stamping or making a notation thereof on the certified copy of the support order in substantially the following form: "REGISTERED FOR MODIFICATION by the Clerk of the [District, Family, or Juvenile] Court in and for the Parish of [name of parish] on [date]."

(3)(a) Send a copy of the registered support order, by certified or registered mail, to the obligor at the address provided in the verified statement of support, or

(b) Issue service of process as permitted by law and notice of registration in lieu of citation, which shall be served by ordinary process.

(4) Issue notice of the registration to the rendering court or, if the support order has been previously registered and confirmed for modification in another court of this state, to the last registering court.

D. The filing of a support order in compliance with the provisions hereof constitutes registration of the support order for modification, and if subsequently confirmed, shall divest the rendering court, or if registered in another court for modification, the court of last registration, of jurisdiction to modify the support order.

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
La. Civ. Code art. 748 — LA Code / Code civil-code / Article 748
Noninterference by the owner of servient estate.
Status: in_force

The owner of the servient estate may do nothing tending to diminish or make more inconvenient the use of the servitude.

If the original location has become more burdensome for the owner of the servient estate, or if it prevents him from making useful improvements on his estate, he may provide another equally convenient location for the exercise of the servitude which the owner of the dominant estate is bound to accept. All expenses of relocation are borne by the owner of the servient estate.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3304 — LA Code / Code civil-code / Article 3304
Judgment; suspensive appeal
Status: in_force

A judicial mortgage is not affected or suspended by a suspensive appeal or stay of execution of the judgment.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Ch. Code art. 1206 — LA Code / Code childrens-code / Article 1206
Duties of curator ad hoc
Status: in_force

A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.

B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2612 — LA Code / Code civil-code / Article 2612
Deposit of the things by seller
Status: in_force

When the buyer neglects to take delivery of movable things that are the contractual object the seller may request court authority to put the things out of his possession and at the buyer's risk. The seller must give the buyer notice of the time at which the things will leave possession of the seller.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 720 — LA Code / Code civil-code / Article 720
Additional servitudes.
Status: in_force

The owner of the servient estate may establish thereon additional servitudes, provided they do not affect adversely the rights of the owner of the dominant estate.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2020 — LA Code / Code civil-code / Article 2020
Contracts made by more than two parties
Status: in_force

When a contract has been made by more than two parties, one party's failure to perform may not cause dissolution of the contract for the other parties, unless the performance that failed was essential to the contract.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 813 — LA Code / Code civil-code / Article 813
Partition in kind
Status: in_force

When a thing is partitioned in kind, a real right that burdens the share of a co-owner attaches to the part of the thing allotted to him.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 869.2 — LA Code / Code childrens-code / Article 869.2
Documentation of sanity commission
Status: in_force

A. The order appointing the sanity commission shall also order the clerk of court to provide the members of the sanity commission with:

(1) A copy of the verified complaint.

(2) The names and addresses of the judge, district attorney, and counsel for the child.

(3) All other relevant information as specified by the court.

B. The court shall order the district attorney to provide a copy of the police report, and a copy of any statements made by the child, the victim or any witnesses, to the members of the sanity commission. The court shall also order the district attorney and counsel for the child to provide the members of the sanity commission with the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, that is relevant to the evaluation of the mental capacity of the child to proceed, and is not protected by the attorney-client privilege. The court may order, after a motion by the district attorney or counsel for the child, a contradictory hearing to determine if the victim or any witnesses may be interviewed by the members of the sanity commission.

C. All information required by this Article shall be delivered to the members of the sanity commission within five business days after the appointment of the sanity commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days.

Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Civ. Code art. 902 — LA Code / Code civil-code / Article 902
Rights of the state
Status: in_force

In default of blood, adopted relations, or a spouse not judicially separated, the estate of the deceased belongs to the state.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 736 — LA Code / Code code-of-civil-procedure / Article 736
Person doing business under trade name
Status: in_force

A person who does business under a trade name is the proper defendant in an action to enforce an obligation created by or arising out of the doing of such business.
La. Ch. Code art. 1255 — LA Code / Code childrens-code / Article 1255
Final decree; notice; standard
Status: in_force

A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.

B. The court, after hearing and after taking into consideration information from all sources concerning the intrafamily adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.

C. When a court has granted custody to either the child's grandparents or his parent married to the stepparent petitioner, there shall be a rebuttable presumption that this adoption is in the best interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
La. Code Civ. Proc. art. 2591 — LA Code / Code code-of-civil-procedure / Article 2591
Proceedings conducted with rapidity
Status: in_force

Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings.
La. Ch. Code art. 1051 — LA Code / Code childrens-code / Article 1051
Motion to restore parental rights
Status: in_force

A. If a child is in foster care and is over the age of fifteen, counsel appointed for the child or the department may file a motion to restore the parental rights or parental contact with a parent whose rights have been terminated. The motion shall be filed in the court in which permanency hearings for the child are being conducted. When the counsel for the child files the motion, it shall be served on the department.

B. The court shall sign an order setting the time and place of the hearing on the motion not less than forty-five nor more than sixty days after the date of the filing of the motion. The court may continue the hearing for up to thirty additional days for good cause, which may include a showing by the department that it, despite its diligent effort, has been unable to complete the confidential report required by Article 1052 within the prescribed time. Upon joint motion of the department and the child, the court may set the date of the hearing within fifteen days after the filing of the motion.

C. The moving party shall mail a copy of the motion and order to the parents, foster parents, and CASA volunteer of the child. The parents, foster parents, and CASA volunteer shall have a right to be heard at the hearing but are not parties and the hearing may be conducted in their absence.

D. The motion shall be dismissed if the parent cannot be located. The court may not grant the relief requested in the motion without the consent of the parent.

Acts 2008, No. 436, §1.
La. Code Civ. Proc. art. 3831 — LA Code / Code code-of-civil-procedure / Article 3831
Appeal not to suspend execution of judgment; delay
Status: in_force

An appeal from a judgment ordering the release of a person from custody or placing him in the custody of another person shall not suspend the execution of the judgment.

Such an appeal shall be taken only within thirty days from the applicable dates provided in Article 2087(A).

Amended by Acts 1974, No. 132, §1.
La. Civ. Code art. 967 — LA Code / Code civil-code / Article 967
Acceptance of succession by creditor
Status: in_force

A creditor of a successor may, with judicial authorization, accept succession rights in the successor's name if the successor has renounced them in whole or in part to the prejudice of his creditor's rights. In such a case, the renunciation may be annulled in favor of the creditor to the extent of his claim against the successor, but it remains effective against the successor.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 1053 — LA Code / Code childrens-code / Article 1053
Hearing
Status: in_force

A. At the hearing, the court may, in the best interest of the child:

(1) Allow contact between the parent and child, and if so, under what conditions.

(2) Restore the parental rights of the parent.

(3) Place the child in the custody of the parent with or without continuing supervision of the department. If the court orders placement of the child in the custody of a parent who resides out of state, it shall order compliance with the Interstate Compact on the Placement of Children.

B. If the department, counsel for the child, CASA volunteer, and the parent stipulate that restoration of parental rights or parental contact is in the best interest of the child, the court may, after reviewing the report of the department, enter a judgment to that effect without a hearing.

C. The restoration of parental rights and placement of the child in the custody of the parent without supervision by the department is considered a permanent placement. Any other disposition by the court shall be made part of the case plan.

Acts 2008, No. 436, §1.
La. Code Civ. Proc. art. 3504 — LA Code / Code code-of-civil-procedure / Article 3504
Return of sheriff; inventory
Status: in_force

The sheriff, after executing a writ of attachment or of sequestration, shall deliver to the clerk of the court from which the writ issued a written return stating the manner in which he executed the writ. He shall annex to the return an inventory of the property seized.
La. Code Civ. Proc. art. 4604 — LA Code / Code code-of-civil-procedure / Article 4604
Inventory
Status: in_force

The court may order that an inventory be made of all property sought to be partitioned, in accordance with the provisions of Articles 3131 through 3137.