FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 4172 — LA Code / Code code-of-civil-procedure / Article 4172
Issuance of letters
Status: in_force

After the person appointed as tutor has qualified by furnishing the security required of him by law, and by taking his oath of office, the clerk shall issue to him letters of tutorship.

These letters, issued in the name and under the seal of the court, evidence the appointment of the tutor, his qualification, and his compliance with all requirements of law relating thereto.
La. Civ. Code art. 2996 — LA Code / Code civil-code / Article 2996
Authority to alienate, acquire, encumber, or lease
Status: in_force

The authority to alienate, acquire, encumber, or lease a thing must be given expressly. Neither the property nor its location need be specifically described.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 734 — LA Code / Code childrens-code / Article 734
Oral instanter orders
Status: in_force

A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody may be issued orally.

B. In such cases, an affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours and a written order shall be issued.

C. If the affidavit is filed after the child has been taken into custody, it shall indicate whether the child was released to his parents or continued in custody, and if so, the prehearing placement to which the child was taken.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
La. Civ. Code art. 2463 — LA Code / Code civil-code / Article 2463
Expenses
Status: in_force

The expenses of the act and other expenses incidental to the sale must be borne by the buyer.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 197 — LA Code / Code code-of-civil-procedure / Article 197
Testimony of inmates
Status: in_force

A. As used in this Article, "inmate" means a person confined in any prison, jail, correctional or training institution operated by the state, any of its political subdivisions, or any sheriff either while awaiting disposition of contemplated or pending criminal charges, pursuant to a sentence imposed by a court following the conviction of a crime, or pursuant to the judgment of a juvenile court.

B. When in any judicial proceeding the testimony of an inmate is required by law to be given in open court, when an inmate is a party to a judicial proceeding under circumstances giving him the legal right to be present in open court at any stage of the proceeding, or when the presence of an inmate witness in open court is requested timely by a party to litigation and is justified under the facts and circumstances of the case, the trial judge, in his discretion, may order any of the following:

(1) The court be convened and the testimony of the inmate be taken, or the proceedings conducted at the institution wherein the inmate is confined.

(2) The testimony of the inmate be taken, or the proceedings conducted, by teleconference, video link, or other available remote technology approved by the judge, or by telephone if agreed to by all parties and approved by the judge.

(3) If the interests of justice require the presence of the inmate in open court and if no other methodology authorized hereunder is feasible, the court may order that the prisoner be transported to the courthouse pursuant to R.S. 15:706(D).

Added by Acts 1975, No. 403, §1; Acts 2001, No. 842, §1, eff. June 26, 2001.
La. Ch. Code art. 1285.7 — LA Code / Code childrens-code / Article 1285.7
Intervention
Status: in_force

A. Intervention in agency 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 interest of the child.

Acts 2013, No. 86, §1.
La. Civ. Code art. 362 — LA Code / Code civil-code / Article 362
Persons subject to interdiction
Status: in_force

Persons subject to interdiction, in accordance with the provisions of Title IX of this Book, remain subject to interdiction as provided in Articles 389 through 399 and any other applicable laws.

Acts 1966, No. 496, §2; Acts 2024, No. 123, §1.
La. Civ. Code art. 623 — LA Code / Code civil-code / Article 623
Abuse of the enjoyment; consequences
Status: in_force

The usufruct may be terminated by the naked owner if the usufructuary commits waste, alienates things without authority, neglects to make ordinary repairs, or abuses his enjoyment in any other manner.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 5182 — LA Code / Code code-of-civil-procedure / Article 5182
Restrictions on privilege
Status: in_force

The privilege granted by this Chapter shall be restricted to litigants who are clearly entitled to it, with due regard to the nature of the proceeding, the court costs which otherwise would have to be paid, and the ability of the litigant to pay them or furnish security therefor, so that the fomentation of litigation by an indiscriminate resort thereto may be discouraged, without depriving a litigant of its benefits if he is entitled thereto.
La. Civ. Code art. 781 — LA Code / Code civil-code / Article 781
Termination; liberative prescription
Status: in_force

No action for injunction or for damages on account of the violation of a building restriction may be brought after two years from the commencement of a noticeable violation. A violation is noticeable when an apparent activity has occurred on the immovable in violation of the building restriction. The recordation of an instrument that provides for a violation of the building restriction does not constitute a noticeable violation. After the lapse of this period, the immovable on which the violation occurred is freed of the restriction that has been violated.

Acts 1977, No.170, §1; Acts 2024, No. 184, §1.
La. Code Crim. Proc. art. 915 — LA Code / Code code-of-criminal-procedure / Article 915
Action on a motion for appeal; return; notice
Status: in_force

A. When a motion for an appeal is made in conformity with Articles 912, 914, and 914.1 the trial court shall grant or deny the motion within seventy-two hours, exclusive of legal holidays, after the motion is made. The return date shall be seventy-five days from the date the motion for appeal is granted, unless the trial judge fixes a lesser period. When a motion for an appeal has been timely made, the appeal shall not be affected by any fault or omission on the part of the trial court.

B. The minute clerk for each section of the trial court shall forward a copy of the notice of appeal to the clerk of the trial court and to the court reporters responsible for preparing the necessary transcripts, within twenty-four hours, exclusive of legal holidays, of the date the appeal is ordered. The clerk of the trial court shall forward a copy of the notice of appeal to the sheriff having custody of the defendant, to the appropriate appellate court, and to each party, within seven days of the date the appeal is ordered. The party moving for the appeal must forward notice that a motion for appeal has been made to the appropriate appellate court within seven days of the date the motion is made. Failure of the minute clerk, the clerk of court, or the party moving for the appeal, to provide notice shall not affect the validity of the appeal.

Amended by Act 1974, No. 207, §1; Acts 1982, No. 143, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
La. Code Civ. Proc. art. 4544 — LA Code / Code code-of-civil-procedure / Article 4544
Appointment of attorney
Status: in_force

A. If the defendant makes no timely appearance through an attorney, the petitioner shall apply for an order appointing an attorney to represent the defendant. Pursuant to such a motion, or on its own motion, the court shall appoint an attorney to represent the defendant. If the defendant either retains his own attorney, or intelligently and voluntarily waives the assistance of an attorney, the court shall discharge the court-appointed attorney. The court-appointed attorney shall represent the defendant until discharged by the court.

B. The attorney representing a defendant shall personally visit the defendant, unless such visit is excused by the court for good cause. To the extent possible, the attorney shall discuss with the defendant the allegations in the petition, the relevant facts and law, and the rights and options of the defendant regarding the disposition of the case. Failure of the attorney to perform any of the duties imposed by this Paragraph shall not affect the validity of the proceeding, but may subject the attorney to sanctions.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 607 — LA Code / Code civil-code / Article 607
Death of the usufructuary.
Status: in_force

The right of usufruct expires upon the death of the usufructuary.

Acts 1976, No. 103, §1.
La. Civ. Code art. 340 — LA Code / Code civil-code / Article 340
Prescription of minor's action against tutor.
Status: in_force

The action of the minor against his tutor, respecting the acts of the tutorship, is prescribed by four years, to begin from the day of his majority.

Acts 1966, No. 496, §1.
La. Civ. Code art. 2370 — LA Code / Code civil-code / Article 2370
Separation of property regime.
Status: in_force

A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 3395 — LA Code / Code code-of-civil-procedure / Article 3395
Disposition of movables not accepted by heir
Status: in_force

If the succession representative has in his possession corporeal movable property the delivery of which an heir, legatee, or creditor is unwilling or unable to accept and receipt for, the succession representative may make such disposition thereof as the court may direct.
La. Civ. Code art. 2369.4 — LA Code / Code civil-code / Article 2369.4
Alienation, encumbrance, or lease prohibited
Status: in_force

A spouse may not alienate, encumber, or lease former community property or his undivided community interest in that property without the concurrence of the other spouse, except as provided in the following Articles. In the absence of such concurrence, the alienation, encumbrance, or lease is a relative nullity.

Acts 1995, No. 433, §1.
La. Civ. Code art. 462 — LA Code / Code civil-code / Article 462
Tracts of land.
Status: in_force

Tracts of land, with their component parts, are immovables.

Acts 1978, No. 728, §1.
La. Civ. Code art. 2989 — LA Code / Code civil-code / Article 2989
Mandate defined
Status: in_force

A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 1790 — LA Code / Code civil-code / Article 1790
Solidary obligations for obligees
Status: in_force

An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3540 — LA Code / Code civil-code / Article 3540
Party autonomy
Status: in_force

All other issues of conventional obligations are governed by the law expressly chosen or clearly relied upon by the parties, except to the extent that law contravenes the public policy of the state whose law would otherwise be applicable under Article 3537.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 2613 — LA Code / Code civil-code / Article 2613
Things in transit, ownership
Status: in_force

When, according to the terms of the contract, the seller sends the things to the buyer through a common carrier, the form of the bill of lading determines ownership of the things while in transit.

When the bill of lading makes the things deliverable to the buyer, or to his order, ownership of the things is thereby transferred to the buyer.

When the bill of lading makes the things deliverable to the seller, or to his agent, ownership of the things thereby remains with the seller.

When the seller or his agent remains in possession of a bill of lading that makes the things deliverable to the buyer, or to the buyer's order, the seller thereby reserves the right to retain the things against a claim of the buyer who has not performed his obligations.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 5156 — LA Code / Code code-of-civil-procedure / Article 5156
Effect of discussion
Status: in_force

When discussion is pleaded successfully by a third possessor, or by the transferee in a revocatory action, the court shall stay proceedings against the third possessor or transferee until the creditor has executed his judgment against the property discussed.

When discussion is pleaded successfully by a surety and the principal is joined, the court may render judgment against both the principal and the surety, but shall order the creditor to execute his judgment against the property discussed. If the principal is not joined in the action initially, the court shall order his joinder if he is subject to its jurisdiction, and may then proceed as provided in this paragraph.

If the creditor is not able to satisfy his judgment out of the proceeds of the judicial sale of the property discussed, he may thereafter proceed as if discussion had not been pleaded.
La. Code Crim. Proc. art. 811 — LA Code / Code code-of-criminal-procedure / Article 811
Receipt and recordation of verdict
Status: in_force

If the verdict is correct in form and responsive to the indictment, the court shall order the clerk to receive the verdict, to read it to the jury, and to ask: "Is that your verdict?" If the jury answer "Yes," the court shall order the clerk to record the verdict and shall discharge the jury.
La. Civ. Code art. 2034 — LA Code / Code civil-code / Article 2034
Nullity of a provision
Status: in_force

Nullity of a provision does not render the whole contract null unless, from the nature of the provision or the intention of the parties, it can be presumed that the contract would not have been made without the null provision.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1797 — LA Code / Code code-of-civil-procedure / Article 1797
Number required for verdict
Status: in_force

A. If trial is by a jury of six, five of the jurors must concur to render a verdict unless the parties stipulate otherwise.

B. If trial is by a jury of twelve, nine of the jurors must concur to render a verdict unless the parties stipulate otherwise.

C. If the parties have stipulated pursuant to Article 1761(B) that the remaining jurors shall try the issues specified if members of the jury die or become disqualified, they also shall stipulate as to the number of jurors who must concur to render a verdict.

Added by Acts 1983, No. 534, §7.
La. Ch. Code art. 1471 — LA Code / Code childrens-code / Article 1471
Transfer of patients between institutions
Status: in_force

A. Except as otherwise provided in this Article, the department may transfer any patient from one mental institution to another. Moreover, the superintendent of an institution may request the department to transfer a patient when he believes that a transfer is necessary.

(1) A patient may be transferred to or from a private mental institution only upon the joint application of the superintendent of that institution and of the legal or natural guardian or the person liable for the support of the minor patient. However, no private mental institution shall be obligated to retain a minor patient because of the refusal to sign the application by the guardian or the person liable for support.

(2) A person under an order of commitment or acquitted of a delinquent act on the ground of mental illness shall be transferred only upon authority of the committing court.

(3) A minor patient voluntarily admitted pursuant to Article 1464 shall be transferred only with his written consent.

(4) A minor patient admitted by a parental commitment pursuant to Article 1460 shall be transferred only upon the written consent of the parent, tutor, or caretaker who originally sought his admission.

B. The following documents, as applicable, shall accompany a minor patient upon his transfer:

(1) The transfer order of the department.

(2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.

(3) All of the minor patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 3518 — LA Code / Code civil-code / Article 3518
Domicile
Status: in_force

For the purposes of this Book, the domicile of a person is determined in accordance with the law of this state. A juridical person may be treated as a domiciliary of either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1766 — LA Code / Code civil-code / Article 1766
Strictly personal obligation
Status: in_force

An obligation is strictly personal when its performance can be enforced only by the obligee, or only against the obligor.

When the performance requires the special skill or qualification of the obligor, the obligation is presumed to be strictly personal on the part of the obligor. All obligations to perform personal services are presumed to be strictly personal on the part of the obligor.

When the performance is intended for the benefit of the obligee exclusively, the obligation is strictly personal on the part of that obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1918 — LA Code / Code civil-code / Article 1918
General statement of capacity
Status: in_force

All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 498 — LA Code / Code civil-code / Article 498
Claims against third persons
Status: in_force

One who has lost the ownership of a thing to the owner of an immovable may assert against third persons his rights under Articles 493, 493.1, 494, 495, 496, or 497 when they are evidenced by an instrument filed for registry in the appropriate conveyance or mortgage records of the parish in which the immovable is located.

Acts 1979, No. 180, §1. Acts 1984, No. 933, §1.
La. Code Civ. Proc. art. 3226 — LA Code / Code code-of-civil-procedure / Article 3226
Lease of succession property
Status: in_force

When it appears to the best interest of the succession, the court may authorize a succession representative to grant a lease upon succession property after compliance with Article 3229. No lease may be granted for more than one year, except with the consent of the heirs and interested legatees.

The court may also authorize the granting of mineral leases on succession property after compliance with Article 3229. The leases may be for a period greater than one year as may appear reasonable to the court. A copy of the proposed lease contract shall be attached to the application for the granting of a mineral lease, and the court may require alterations as it deems proper.

The order of the court shall state the minimum bonus, if any, to be received by the executor or administrator of the estate under the lease and the minimum royalty to be reserved to the estate, which in no event shall be less than one-eighth royalty on the oil and such other terms as the court may embody in its order.

Amended by Acts 1974, No. 131, §1.
La. Ch. Code art. 759 — LA Code / Code childrens-code / Article 759
Answer to petition
Status: in_force

After the child and his caretaker have been advised pursuant to Article 740, the court shall determine whether each admits or denies the allegations of the petition.

(1) If either the caretaker or child denies the allegations, the court shall set the matter for adjudication.

(2) If both the child and the caretaker admit that the allegations of the petition are true or stipulate that the family is in need of services, the court shall determine whether there is a factual basis for adjudication and if the child and caretaker consent to adjudication. If so, the court may accept a consent judgment and order a predisposition investigation.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 4237 — LA Code / Code code-of-civil-procedure / Article 4237
Appointment of successor tutor or undertutor
Status: in_force

When a tutor or undertutor dies, is removed, or resigns, another tutor or undertutor shall be appointed in his place in the manner provided for an original appointment.
La. Civ. Code art. 368 — LA Code / Code civil-code / Article 368
Limited emancipation by authentic act
Status: in_force

An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 772 — LA Code / Code code-of-criminal-procedure / Article 772
Comment on facts by judge in jury's presence prohibited
Status: in_force

The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.
La. Ch. Code art. 1307.1 — LA Code / Code childrens-code / Article 1307.1
Definitions
Status: in_force

In this Section:

(1) "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in Article 1301.2(5)(d) to perform the functions specified in the Convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in Article 1301.2(5)(d).

(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in Article 1301.2(5)(d) to perform the functions specified in the Convention.

(6) "Foreign support agreement":

(a) Means an agreement for support in a record that:

(i) Is enforceable as a support order in the country of origin;

(ii) Has been:

(aa) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(bb) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) May be reviewed and modified by a foreign tribunal; and

(b) Includes a maintenance arrangement or authentic instrument under the Convention.

(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.