FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1103 — LA Code / Code childrens-code / Article 1103
Definitions
Status: in_force

As used in this Title:

(1) "Agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.

(2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued.

(3) "Child" means a person under eighteen years of age and not emancipated by marriage.

(4) "Department" means the Louisiana Department of Children and Family Services.

(5) "Parental fitness" means:

(a) That a parent has not abused the child. For purposes of this Subparagraph, abuse means the infliction of physical or mental injury which causes deterioration to the child, sexual abuse, exploitation, or overworking of a child to such an extent that his health or moral or emotional well-being is endangered.

(b) That a parent has consistently offered to provide reasonably necessary food, clothing, appropriate shelter, or treatment for the child. For purposes of this Subparagraph, treatment means medical care or other health services provided in accordance with the tenets of a well-recognized religious method of healing with a reasonable, proven record of success.

(c) That a parent suffers from no medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, substance abuse, or chemical dependency which makes him unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.

(d) Viewed in its entirety, the parent's past or present conduct, including his criminal convictions, would not pose a risk of substantial harm to the physical, mental, or emotional health of the child.

(6) "Putative father registry" means the Louisiana putative father registry established in Part I-C of Chapter 1 of Code Title VII of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:400 and 400.1.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 797, §1; Acts 2022, No. 202, §1.
La. Civ. Code art. 1905 — LA Code / Code civil-code / Article 1905
Solidary obligations
Status: in_force

If a solidary obligor becomes an obligee, confusion extinguishes the obligation only for the portion of that obligor.

If a solidary obligee becomes an obligor, confusion extinguishes the obligation only for the portion of that obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1349 — LA Code / Code civil-code / Article 1349
Settlement of accounts due by heirs to succession.
Status: in_force

On the day appointed for the partition, the officer shall begin by settling the accounts, which each of the heirs may owe to the succession.
La. Code Civ. Proc. art. 931 — LA Code / Code code-of-civil-procedure / Article 931
Evidence on trial of peremptory exception
Status: in_force

On the trial of the peremptory exception pleaded at or prior to the trial of the case, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.

When the peremptory exception is pleaded in the trial court after the trial of the case, but prior to a submission for a decision, the plaintiff may introduce evidence in opposition thereto, but the defendant may introduce no evidence except to rebut that offered by plaintiff.

No evidence may be introduced at any time to support or controvert the objection that the petition fails to state a cause of action.
La. Civ. Code art. 568.3 — LA Code / Code civil-code / Article 568.3
Requirement to remove encumbrance
Status: in_force

If, at the termination of the usufruct, the thing subject to the usufruct is burdened by an encumbrance established by the usufructuary to secure an obligation, the usufructuary is bound to remove the encumbrance.

Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 798 — LA Code / Code civil-code / Article 798
Right to fruits and products
Status: in_force

Co-owners share the fruits and products of the thing held in indivision in proportion to their ownership.

When fruits or products are produced by a co-owner, other co-owners are entitled to their shares of the fruits or products after deduction of the costs of production.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 193 — LA Code / Code civil-code / Article 193
Contestation and establishment of paternity; time period
Status: in_force

The action by the mother shall be instituted within a peremptive period of one hundred eighty days from the marriage to her present husband and also within two years from the day of the birth of the child, except as may otherwise be provided by law.

Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Code Civ. Proc. art. 1972 — LA Code / Code code-of-civil-procedure / Article 1972
Peremptory grounds
Status: in_force

A new trial shall be granted, upon contradictory motion of any party, in the following cases:

(1) When the verdict or judgment appears clearly contrary to the law and the evidence.

(2) When the party has discovered, since the trial, evidence important to the cause, which he could not, with due diligence, have obtained before or during the trial.

(3) When the jury was bribed or has behaved improperly so that impartial justice has not been done.

Acts 1983, No. 534, §10.
La. Civ. Code art. 1290 — LA Code / Code civil-code / Article 1290
Extent and application of rules; venue of action.
Status: in_force

All the rules, established in the present chapter, with the exception of that which relates to the collations, are applicable to partitions between coproprietors of the same thing when among the coproprietors any are absent, minors, or interdicted, or when the coproprietors of age and present can not agree on the partition and on the manner of making it.

But in these kinds of partitions the action must be brought before the judge of the place where the property to be divided is situated, wherever the parties interested may be domiciliated.
La. Civ. Code art. 750 — LA Code / Code civil-code / Article 750
Location of servitude when the title is silent.
Status: in_force

If the title does not specify the location of the servitude, the owner of the servient estate shall designate the location.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1248 — LA Code / Code civil-code / Article 1248
Advantages other than donation.
Status: in_force

The advantage which a father bestows upon his son, though in any other manner than by donation or legacy, is likewise subject to collation. Thus, when a father has sold a thing to his son at a very low price, or has paid for him the price of some purchase, for [or] has spent money to improve his son's estate, all that is subject to collation.
La. Civ. Code art. 1962 — LA Code / Code civil-code / Article 1962
Threat of exercising a right
Status: in_force

A threat of doing a lawful act or a threat of exercising a right does not constitute duress.

A threat of doing an act that is lawful in appearance only may constitute duress.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1168 — LA Code / Code childrens-code / Article 1168
General applicability of other Children's Code provisions
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4342 — LA Code / Code code-of-civil-procedure / Article 4342
Bonds and stocks
Status: in_force

A tutor may sell bonds and stocks of the minor at rates prevailing in the open market, after compliance with Article 4271, by obtaining a court order authorizing the sale.

The endorsement of the tutor and a certified copy of the court order authorizing the sale shall be sufficient warrant for the transfer.

Amended by Acts 1962, No. 92, §1.
La. Civ. Code art. 2767 — LA Code / Code civil-code / Article 2767
Payment to heirs of contractor for work or materials completed.
Status: in_force

The proprietor is only bound, in the former case, to pay to the heirs of the undertaker the value of the work that has already been done and that of the materials already prepared, proportionably to the price agreed on, in case such work and materials may be useful to him.
La. Ch. Code art. 818 — LA Code / Code childrens-code / Article 818
Identification procedures
Status: in_force

A. A child may be photographed or fingerprinted in connection with being taken into custody for the commission of either:

(1) A felony-grade delinquent act.

(2) A misdemeanor-grade delinquent act.

B. Upon motion of the district attorney, the court in its discretion can order any child to submit to other reasonable identification procedures, such as to provide handwriting exemplars or to stand in a lineup.

C. Fingerprints and photographs taken pursuant to Paragraph A of this Article shall be maintained and indexed separately from those of adults. They shall be made available only to law enforcement and correctional agencies for purposes related to their official functions. Fingerprints taken pursuant to Paragraph A of this Article shall be submitted to the central fingerprint repository maintained by the Louisiana Bureau of Criminal Identification and Information as specified under R.S. 15:590 et seq., and to the fingerprint repository, if any, maintained by the local law enforcement agency.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 1078, §1; Acts 2008, No. 641, §1; Acts 2009, No. 158, §1.
La. Code Civ. Proc. art. 4734 — LA Code / Code code-of-civil-procedure / Article 4734
Execution of warrant
Status: in_force

The sheriff, constable, or marshal shall execute a warrant rendered under Article 4733 in the presence of two witnesses, by clearing the premises of any property therein, in order to put the lessor or owner in possession of the premises.

If the sheriff, constable, or marshal finds the windows, doors, or gates of the premises locked or barred, he shall break open any of these when necessary to effect convenient entry into the premises.
La. Code Civ. Proc. art. 4432 — LA Code / Code code-of-civil-procedure / Article 4432
Possession or removal of property from state
Status: in_force

In order to take possession of the minor's property, or to remove any of it from the state, a tutor or guardian appointed by a court outside Louisiana shall file a petition for authority to do so in the court of the parish where the property, or any of it, is situated. The court shall render a judgment granting the authority prayed for, if the foreign tutor or guardian alleges in his petition that there are no Louisiana creditors of the minor, or that all such known creditors have been paid; and attaches to his petition an irrevocable power of attorney appointing a resident of this state to receive service of process in any action or proceeding brought in Louisiana to enforce a claim against the minor, or against any of the minor's property in this state.

Amended by Acts 1966, No. 36, §1.
La. Civ. Code art. 3531 — LA Code / Code civil-code / Article 3531
Interpretation of testaments
Status: in_force

The meaning of words and phrases used in a testament is determined according to the law of the state expressly designated by the testator for that purpose, or clearly contemplated by him at the time of making the testament, and, in the absence of such an express or implied selection, according to the law of the state in which the testator was domiciled at the time of making the testament.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 740 — LA Code / Code civil-code / Article 740
Modes of acquisition of servitudes.
Status: in_force

Apparent servitudes may be acquired by title, by destination of the owner, or by acquisitive prescription.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2550 — LA Code / Code civil-code / Article 2550
Time and place of payment of price
Status: in_force

Payment of the price is due at the time and place stipulated in the contract, or at the time and place of delivery if the contract contains no such stipulation.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2997 — LA Code / Code civil-code / Article 2997
Express authority required
Status: in_force

Authority also must be given expressly to:

(1) Make an inter vivos donation, either outright or to a new or existing trust or other custodial arrangement, and, when also expressly so provided, to impose such conditions on the donation, including, without limitation, the power to revoke, that are not contrary to the other express terms of the mandate.

(2) Accept or renounce a succession.

(3) Contract a loan, acknowledge or make remission of a debt, or become a surety.

(4) Draw or endorse promissory notes and negotiable instruments.

(5) Enter into a compromise or refer a matter to arbitration.

(6) Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication.

(7) Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative by blood, adoption, or affinity within the third degree, or another individual who has a relationship based on or productive of strong affection.

Amended by Acts 1981, No. 572, §1; Acts 1990, No. 184, §1; Acts 1992, No. 304, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2001, No. 594, §1; Acts 2016, No. 110, §1, eff. May 19, 2016.
La. Civ. Code art. 510 — LA Code / Code civil-code / Article 510
Union of a principal and an accessory thing.
Status: in_force

When two corporeal movables are united to form a whole, and one of them is an accessory of the other, the whole belongs to the owner of the principal thing. The owner of the principal thing is bound to reimburse the owner of the accessory its value. The owner of the accessory may demand that it be separated and returned to him, although the separation may cause some injury to the principal thing, if the accessory is more valuable than the principal and has been used without his knowledge.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2936 — LA Code / Code civil-code / Article 2936
Proof of ownership of the thing deposited not required; a stolen thing
Status: in_force

The depositary may not require the depositor to prove that he is the owner of the thing deposited. If the depositary discovers that the thing deposited was stolen, the depositary may refuse to return the thing to the depositor and is exonerated from liability if he delivers the thing to its owner.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 370 — LA Code / Code civil-code / Article 370
Modification and termination of judicial emancipation
Status: in_force

The court may modify or terminate its judgment of emancipation for good cause.

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

A judgment modifying or terminating a judgment of emancipation does not affect the validity of an act made by the emancipated minor prior to the effective date of modification or termination.

The termination of judicial emancipation places the minor under the same authority to which he was subject prior to emancipation, unless otherwise ordered by the court for good cause shown.

Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 3523 — LA Code / Code civil-code / Article 3523
Movables
Status: in_force

Except as otherwise provided in this Title, the rights and obligations of spouses with regard to movables, wherever situated, acquired by either spouse during marriage are governed by the law of the domicile of the acquiring spouse at the time of acquisition.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 6 — LA Code / Code civil-code / Article 6
Retroactivity of laws
Status: in_force

In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1241 — LA Code / Code civil-code / Article 1241
Collation by great grandchildren and more remote descendants.
Status: in_force

What has been said in the three preceding articles, of grandchildren inheriting from their grandfather or grandmother, must be understood of the great-grandchildren and other lawful descendants called to inherit from their ascendants, either in their own name or by right of representation.
La. Civ. Code art. 877 — LA Code / Code civil-code / Article 877
Civil Code 877
Status: in_force

Art 877. Repealed by Acts 2001, No. 572, §2.
La. Code Crim. Proc. art. 734 — LA Code / Code code-of-criminal-procedure / Article 734
Service of subpoena by sheriff; investigators
Status: in_force

A. The sheriff of any parish in which the witness may be found or of the parish in which the proceeding is pending shall serve the subpoena and make a return thereof without delay.

B. When the attorney general is involved in the conduct of a criminal case, investigators who are employed by the attorney general and who are commissioned law enforcement officers may serve any subpoena or subpoena duces tecum which is issued in that case. If an investigator who is employed by the attorney general serves a subpoena or a subpoena duces tecum under this Article, the investigator shall execute the return of service provided for in Article 736.

C. When the district attorney is involved in the investigation or prosecution of a criminal case, investigators who are employed by that district attorney and who are P.O.S.T. certified commissioned law enforcement officers may serve any subpoena or subpoena duces tecum which is issued in that case. Each investigator who serves a subpoena or subpoena duces tecum under the provisions of this Article shall execute the return of service required by Article 736.

Acts 2001, No. 304, §1; Acts 2001, No. 441, §1; Acts 2004, No. 499, §1.
La. Ch. Code art. 1281.4 — LA Code / Code childrens-code / Article 1281.4
Types of adoption
Status: in_force

A. This Title sets forth the exclusive procedures for intercountry adoption of foreign orphans in Louisiana. There are two types of intercountry adoptions of foreign orphans in Louisiana:

(1) Adoption or recognition of a foreign decree of adoption of a foreign orphan from a country outside the United States that is not a party to the Hague Adoption Convention.

(2) Adoption or recognition of a foreign decree of adoption of a convention adoptee from a country outside the United States that is a party to the Hague Adoption Convention.

B. The procedures governing each type of adoption are set forth in the following Articles.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Ch. Code art. 1458 — LA Code / Code childrens-code / Article 1458
Conditional discharge
Status: in_force

A. A minor who is judicially committed as a result of mental illness may be conditionally discharged for a period of up to one hundred twenty days by the director or by the court during which time the judicial commitment of the minor shall remain in effect. The minor patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the minor patient. A copy of the conditional discharge shall be given to him and explained to him before he is discharged.

B. If the minor patient is conditionally discharged by the director, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the minor patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which he has been committed.

C. If a minor patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged minor patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a review hearing pursuant to Article 1454.

D. An extension of a conditional discharge may be granted upon application by the director of the treatment facility to the court and notification to the minor's counsel of record. The court may grant the extension of the conditional discharge for an additional period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the director of the treatment facility to show why continued treatment is necessary.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
La. Civ. Code art. 90.1 — LA Code / Code civil-code / Article 90.1
Impediment of age
Status: in_force

A minor under the age of sixteen may not contract marriage. A minor sixteen or seventeen years of age may not contract marriage with a person of the age of majority where there is an age difference of three years or greater between them.

Acts 2019, No. 401, §1.
La. Civ. Code art. 2750 — LA Code / Code civil-code / Article 2750
Liability of laborer leaving employment without cause.
Status: in_force

But if, on the other hand, a laborer, after having hired out his services, should leave his employer before the time of his engagement has expired, without having any just cause of complaint against his employer, the laborer shall then forfeit all the wages that may be due to him, and shall moreover be compelled to repay all the money he has received, either as due for his wages, or in advance thereof*on the running year or on the time of his engagement.

*Note error in English translation of French text; "either as due for his wages, or in advance thereof" should be "in advance."
La. Civ. Code art. 3500 — LA Code / Code civil-code / Article 3500
Action against contractors and architects
Status: in_force

An action against a contractor or an architect on account of defects of construction, renovation, or repair of buildings and other works is subject to a liberative prescription of ten years.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
La. Civ. Code art. 2642 — LA Code / Code civil-code / Article 2642
Assignability of rights
Status: in_force

All rights may be assigned, with the exception of those pertaining to obligations that are strictly personal. The assignee is subrogated to the rights of the assignor against the debtor.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3463 — LA Code / Code civil-code / Article 3463
Duration of interruption; abandonment or discontinuance of suit
Status: in_force

A. An interruption of prescription resulting from the filing of a suit in a competent court and in the proper venue or from service of process within the prescriptive period continues as long as the suit is pending.

B. Interruption is considered never to have occurred if the plaintiff abandons the suit, voluntarily dismisses the suit at any time either before the defendant has made any appearance of record or thereafter, or fails to prosecute the suit at the trial. The dismissal of a suit pursuant to a compromise does not constitute a voluntary dismissal.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 1999, No. 1263, §2, eff. Jan. 1, 2000; Acts 2018, No. 443, §1; Acts 2021, No. 414, §1.