FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2751 — LA Code / Code code-of-civil-procedure / Article 2751
Grounds for arresting seizure and sale; damages
Status: in_force

The defendant in the executory proceeding may arrest the seizure and sale of the property by injunction when the debt secured by the security interest, mortgage, or privilege is extinguished, or is legally unenforceable, or if the procedure required by law for an executory proceeding has not been followed.

Amended by Acts 1981, No. 302, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Civ. Code art. 3024 — LA Code / Code civil-code / Article 3024
Termination of the mandate and of the mandatary's authority
Status: in_force

In addition to causes of termination of contracts under the Titles governing "Obligations in General" and "Conventional Obligations or Contracts", both the mandate and the authority of the mandatary terminate upon the:

(1) Death of the principal or of the mandatary.

(2) Interdiction of the mandatary.

(3) Qualification of the curator after the interdiction of the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Crim. Proc. art. 330.1 — LA Code / Code code-of-criminal-procedure / Article 330.1
Posting bail when arrested outside of originating jurisdiction
Status: in_force

A. Notwithstanding any provisions of law to the contrary, a person who is arrested and booked in an executing jurisdiction pursuant to a warrant for arrest issued by the originating jurisdiction may be released from custody when bail is posted under the following conditions:

(1) The amount of the bail obligation is included on the warrant for arrest. If the warrant for arrest does not include the amount of the bail obligation, the amount may be set within forty-eight hours by anyone in the originating jurisdiction who is authorized to set bail pursuant to Article 314. If a personal surety undertaking is authorized, the personal surety undertaking shall be in accordance with either Article 323 or 324.

(2) There are no holds, court orders, or other legal impediments that would prohibit the release of the arrested person from custody.

(3) The executing jurisdiction does not object. If the executing jurisdiction objects, the originating jurisdiction shall comply with existing provisions of law relative to bail. The originating jurisdiction shall retain the right to transport or to have the person in custody transported to the originating jurisdiction for the purpose of posting bail in the originating jurisdiction.

(4) Written notice shall be provided to the executing jurisdiction when bail is posted in the originating jurisdiction and release from custody is authorized. When released, the executing jurisdiction shall provide notice in accordance with Article 330 to the arrested person. The originating jurisdiction shall deliver to the executing jurisdiction the information necessary to provide such notice to the arrested person. The notice shall include the date, time, and location of any required court appearances as well as any conditions of bail. Notwithstanding any provisions of law to the contrary, an electronic copy, digital copy, or photocopy of the arrested person's signature on the notice shall be the equivalent of an original signature.

B. The provisions of this Article shall not apply to warrants for sex offenses, homicides and crimes resulting in a death or deaths, felony domestic violence offenses, and aggravated offenses.

Acts 2021, No. 243, §1.
La. Civ. Code art. 525 — LA Code / Code civil-code / Article 525
Registered movables
Status: in_force

Movables required by law to be registered are subject to the provisions of this Chapter.

Acts 1979, No. 180, §1; Acts 2023, No. 401, §1.
La. Code Crim. Proc. art. 744 — LA Code / Code code-of-criminal-procedure / Article 744
Witness; state; defined
Status: in_force

"Witness" as used in Articles 741 through 743 shall include a person whose testimony is relevant and material and desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.

"State" shall include any territory of the United States and the District of Columbia.
La. Code Evid. art. 1006 — LA Code / Code code-of-evidence / Article 1006
Summaries
Status: in_force

The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2764 — LA Code / Code civil-code / Article 2764
Substantial and necessary alterations.
Status: in_force

An exception is made to the above provision, in a case where the alteration or increase is so great, that it can not be supposed to have been made without the knowledge of the owner, and also where the alteration or increase was necessary and has not been foreseen.
La. Civ. Code art. 1409 — LA Code / Code civil-code / Article 1409
Amount of tender.
Status: in_force

When the defendant is admitted to prevent a new partition, as is said in the preceding article, if he furnishes the supplement in money, it must be with interest from the day of the institution of the suit; if he furnishes it in* effects, he is bound to restore the fruits from the same day.

* English translation of French text incomplete; should include "hereditary."
La. Ch. Code art. 1254 — LA Code / Code childrens-code / Article 1254
Intervention
Status: in_force

A. Intervention in intrafamily adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.

B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.

C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 552 — LA Code / Code civil-code / Article 552
Corporate distributions.
Status: in_force

A cash dividend declared during the existence of the usufruct belongs to the usufructuary. A liquidation dividend or a stock redemption payment belongs to the naked owner subject to the usufruct.

Stock dividends and stock splits declared during the existence of the usufruct belong to the naked owner subject to the usufruct.

A stock warrant and a subscription right declared during the existence of the usufruct belong to the naked owner free of the usufruct.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 861 — LA Code / Code code-of-civil-procedure / Article 861
Same; special damage
Status: in_force

When items of special damage are claimed, they shall be specifically alleged.
La. Civ. Code art. 3169 — LA Code / Code civil-code / Article 3169
Effectiveness against third persons
Status: in_force

The pledge of the lessor's rights in the lease of an immovable and its rents is without effect as to third persons unless the contract establishing the pledge is recorded in the manner prescribed by law.

Nevertheless, the pledge is effective as to the lessee from the time that he is given written notice of the pledge, regardless of whether the contract establishing the pledge has been recorded.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Civ. Proc. art. 3396.16 — LA Code / Code code-of-civil-procedure / Article 3396.16
Enforcement of claims against estate
Status: in_force

Any person having a claim against the estate may enforce the payment or performance of the claim against an independent administrator in the same manner and to the same extent provided for the assertion of such rights in this Code.

Acts 2001, No. 974, §1.
La. Ch. Code art. 1639 — LA Code / Code childrens-code / Article 1639
Binding effect of compact and other laws
Status: in_force

NOTE: Art. 1639 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

B. Binding effect of the compact.

(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, it shall be ineffective to the extent of the conflict.

Acts 2010, No. 893, §1.
La. Civ. Code art. 1420 — LA Code / Code civil-code / Article 1420
Regulation of payment of debts by testament or by agreement among successors
Status: in_force

The provisions of this Section pertaining to responsibility of the successors among themselves for estate debts do not prevent that responsibility from being otherwise regulated by the testament or by agreement of the successors. Nevertheless, the rights of creditors of the estate cannot be impaired by the testament or by agreement among the successors.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 459 — LA Code / Code civil-code / Article 459
Building encroaching on public way.
Status: in_force

A building that merely encroaches on a public way without preventing its use, and which cannot be removed without causing substantial damage to its owner, shall be permitted to remain. If it is demolished from any cause, the owner shall be bound to restore to the public the part of the way upon which the building stood.

Acts 1978, No. 728, §1.
La. Civ. Code art. 2484 — LA Code / Code civil-code / Article 2484
Place of delivery
Status: in_force

Delivery must be made at the place agreed upon by the parties or intended by them. In the absence of such agreement or intent, delivery must be made at the place where the thing is located at the time of the sale.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 757 — LA Code / Code childrens-code / Article 757
Stipulation; consent to judgment
Status: in_force

With the consent of the petitioner and district attorney, any party may stipulate that the family is in need of services, with or without admitting the allegations of the petition, provided that:

(1) The person so stipulating personally appears before the court unless absent with the court's approval.

(2) The court fully informs the person of rights, if any, as required by Article 740.

(3) The court fully informs the person of the consequences of such a stipulation.

(4) The person knowingly and voluntarily consents to the judgment.

Acts 1991, No. 235, §7.
La. Civ. Code art. 2662 — LA Code / Code civil-code / Article 2662
Rights of party evicted
Status: in_force

A person evicted from a thing received in exchange may demand the value of the thing from which he was evicted or the return of the thing he gave, with damages in either case.

Acts 2010, No. 186, §1.
La. Civ. Code art. 2987 — LA Code / Code civil-code / Article 2987
Procuration defined; person to whom addressed
Status: in_force

A procuration is a unilateral juridical act by which a person, the principal, confers authority on another person, the representative, to represent the principal in legal relations.

The procuration may be addressed to the representative or to a person with whom the representative is authorized to represent the principal in legal relations.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1460 — LA Code / Code childrens-code / Article 1460
Parental admission of minor; objection request for discharge
Status: in_force

A. Any minor may be admitted to a treatment facility for inpatient care and treatment upon application of a parent, tutor, or, in the absence of a parent or tutor, of a caretaker to the director of a treatment facility if the director finds that the minor has a mental illness or suffers from substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. Within twenty-four hours of admission, the minor shall be examined by a physician who shall set forth in detail in the patient's medical record the reasons for the continued need of confinement and treatment of the minor. The parent, tutor, or caretaker may request the minor's discharge pursuant to the provisions of Paragraph C.

B. A minor who is eligible for admission pursuant to Paragraph A of this Article and who is in such a condition that immediate hospitalization is necessary may be admitted upon the application of any interested adult, when after diligent effort the minor's parent, tutor, or caretaker cannot be located. Following the admission of the minor, the director of the treatment facility shall continue efforts to locate the minor's parent, tutor, or caretaker. If such person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, tutor, or caretaker, may request the minor's discharge pursuant to the provisions of Paragraph C.

C. Upon receipt of a request for discharge, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Ch. Code art. 699 — LA Code / Code childrens-code / Article 699
Evidence
Status: in_force

The court or administrative review body shall consider all relevant evidence offered by the parties and may limit the admissibility or weight of any evidence which it deems unreliable, cumulative, or unduly dilatory.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 563 — LA Code / Code civil-code / Article 563
Alluvion.
Status: in_force

The usufruct extends to the increase to the land caused by alluvion or dereliction.

Acts 1976, No. 103, §1.
La. Civ. Code art. 3276 — LA Code / Code civil-code / Article 3276
Priority of claims against succession arising after death.
Status: in_force

The charges against a succession, such as funeral charges, law charges, lawyer fees for settling the succession, the thousand dollars secured in certain cases to the surviving spouse or minor heirs of the deceased, and all claims against the succession originating after the death of the person whose succession is under administration, are to be paid before the debts contracted by the deceased person, except as otherwise provided for herein, and they are not required to be recorded.

Amended by Acts 1979, No. 711, §1.
La. Code Crim. Proc. art. 657 — LA Code / Code code-of-criminal-procedure / Article 657
Discharge or release; hearing
Status: in_force

After considering the report or reports filed pursuant to Articles 655 and 656, the court may either continue the commitment or hold a contradictory hearing to determine whether the committed person no longer has a mental illness as defined by Article 657.3 and can be discharged, or can be released on probation, without danger to others or to himself as defined by R.S. 28:2. At the hearing, the burden shall be upon the state to seek continuance of the confinement by proving by clear and convincing evidence that the committed person currently has a mental illness and is dangerous, except as provided in Article 657.3. After the hearing, and upon filing written findings of fact and conclusions of law, the court may order the committed person discharged, released on probation subject to specified conditions for a fixed or an indeterminate period, or recommitted to the state mental institution. A copy of the judgment and order containing the written findings of fact and conclusions of law shall be forwarded to the administrator of the forensic facility. Notice to the counsel for the committed person and the district attorney of the contradictory hearing shall be given at least thirty days prior to the hearing.

Acts 1992, No. 398, §1; Acts 1993, No. 700, §1; Acts 2017, No. 369, §5; Acts 2024, No. 43, §1.
La. Civ. Code art. 3036 — LA Code / Code civil-code / Article 3036
Obligations for which suretyship may be established
Status: in_force

Suretyship may be established for any lawful obligation, which, with respect to the suretyship, is the principal obligation.

The principal obligation may be subject to a term or condition, may be presently existing, or may arise in the future.

Amended by Acts 1979, No. 711, §1; Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 1878 — LA Code / Code code-of-civil-procedure / Article 1878
Supplemental relief; expedited hearing for constitutional determination; effect of pendency of other proceedings
Status: in_force

A. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is considered sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

B. In any action or proceeding seeking a declaratory judgment as to the constitutionality of the expenditure of state funds, the court shall set the matter with preference and proceed to hear and determine the matter as expeditiously as the ends of justice may require, notwithstanding resolution of a pending petition for injunction sought pursuant to Article 3601 or a petition for mandamus sought pursuant to Article 3862.

Acts 2014, No. 41, §1.
La. Civ. Code art. 2003 — LA Code / Code civil-code / Article 2003
Obligee in bad faith
Status: in_force

An obligee may not recover damages when his own bad faith has caused the obligor's failure to perform or when, at the time of the contract, he has concealed from the obligor facts that he knew or should have known would cause a failure.

If the obligee's negligence contributes to the obligor's failure to perform, the damages are reduced in proportion to that negligence.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2358 — LA Code / Code civil-code / Article 2358
Claims for reimbursement between spouses
Status: in_force

A spouse may have a claim against the other spouse for reimbursement in accordance with the following Articles.

A claim for reimbursement may be asserted only after termination of the community property regime, unless otherwise provided by law.

Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
La. Code Civ. Proc. art. 1467 — LA Code / Code code-of-civil-procedure / Article 1467
Requests for admission; answers and objections
Status: in_force

A. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. The written answer or reasons for objection to each request for admission shall immediately follow a restatement of the request for admission to which the answer or objection is responding. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Article 1472, deny the matter or set forth reasons why he cannot admit or deny it.

B. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Article 1469 apply to the award of expenses incurred in relation to the motion.

Acts 1976, No. 574, §1; Acts 2010, No. 682, §1, eff. Jan. 1, 2011; Acts 2016, No. 132, §1.
La. Civ. Code art. 2660 — LA Code / Code civil-code / Article 2660
Exchange, definition
Status: in_force

Exchange is a contract whereby each party transfers to the other the ownership of a thing other than money.

Ownership of the things exchanged is transferred between the parties as soon as there is agreement on the things, even though none of the things has been delivered.

If it is the intent of the parties that the transfer of ownership will not take place until a later time, then the contract is a contract to exchange.

Acts 2010, No. 186, §1.
La. Civ. Code art. 733 — LA Code / Code civil-code / Article 733
Interpretation; benefit of dominant estate.
Status: in_force

When the right granted be of a nature to confer an advantage on an estate, it is presumed to be a predial servitude.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 4433 — LA Code / Code code-of-civil-procedure / Article 4433
Foreign tutor qualifying in Louisiana; authority
Status: in_force

A tutor or guardian of a minor residing outside Louisiana, appointed by a court outside Louisiana, may be appointed as tutor by a court of competent jurisdiction in Louisiana, as provided in Article 4032.

The procedure shall be the same as provided by law for the tutorship of a minor residing in Louisiana.

After such qualification the tutor has the same rights and responsibility as a tutor originally qualified in Louisiana.
La. Code Civ. Proc. art. 1673 — LA Code / Code code-of-civil-procedure / Article 1673
Effect of dismissal with or without prejudice
Status: in_force

A judgment of dismissal with prejudice shall have the effect of a final judgment of absolute dismissal after trial. A judgment of dismissal without prejudice shall not constitute a bar to another suit on the same cause of action.
La. Ch. Code art. 1466 — LA Code / Code childrens-code / Article 1466
Advice of rights
Status: in_force

A. Each minor admitted on a voluntary basis shall be informed of any other medically appropriate alternative treatment programs and treatment facilities known to the admitting physician and be given an opportunity to seek admission to alternative treatment programs or facilities.

B. Every minor patient admitted on a voluntary admission status shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in Article 1409, and rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.

C. If the minor is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.

D. In addition, a copy of the information listed in this Article must be posted in any area where minor patients are confined and treated.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.