FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 560 — LA Code / Code civil-code / Article 560
Trees, stones, and other materials.
Status: in_force

The usufructuary may cut trees growing on the land of which he has the usufruct and take stones, sand, and other materials from it, but only for his use or for the improvement or cultivation of the land.

Acts 1976, No. 103, §1.
La. Civ. Code art. 3171 — LA Code / Code civil-code / Article 3171
Pledge of all or part of the leases of an immovable
Status: in_force

A pledge may be established over all or part of the leases of an immovable, including those not yet in existence, without the necessity of specific description of the leases in the contract establishing the pledge. If the pledge is established over leases not yet in existence, the pledge encumbers future leases as they come into existence. The pledge has effect as to third persons, even with respect to leases not in existence at the time of formation of the contract establishing the pledge, from the time that the contract establishing the pledge is recorded in the manner prescribed by law.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 883 — LA Code / Code civil-code / Article 883
Representation of ascendants not permissible
Status: in_force

Representation does not take place in favor of the ascendants, the nearest relation in any degree always excluding those of a more remote degree.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Ch. Code art. 331 — LA Code / Code childrens-code / Article 331
Right of appeal
Status: in_force

A. Except when the court is exercising its jurisdiction pursuant to Article 960, a party to the proceedings or any other party in interest shall have the right to appeal.

B. The state may not appeal from a judgment refusing to adjudicate a child to be delinquent or from a judgment of acquittal.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3157 — LA Code / Code code-of-civil-procedure / Article 3157
Special mortgage in lieu of bond
Status: in_force

The person appointed or confirmed as succession representative may give a special mortgage on unencumbered immovable property within the parish where the succession has been opened, in lieu of the security required by Articles 3151 through 3155. The mortgage shall be for the same amount as the security required, and shall be approved by the court before letters may be issued to him.
La. Civ. Code art. 394 — LA Code / Code civil-code / Article 394
Pre-interdiction juridical acts
Status: in_force

Interdiction does not affect the validity of a juridical act made by the interdict prior to the effective date of interdiction.

Acts 1997, No. 1117, §1; Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Civ. Code art. 591 — LA Code / Code civil-code / Article 591
Continuation of usufruct after sale of property
Status: in_force

If property subject to the usufruct is sold to pay an estate debt, or a debt of the grantor, the usufruct attaches to any proceeds of the sale of the property that remain after payment of the debt.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 1227 — LA Code / Code civil-code / Article 1227
Collation, definition.
Status: in_force

The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession.
La. Civ. Code art. 1587 — LA Code / Code civil-code / Article 1587
Particular legacy
Status: in_force

A legacy that is neither general nor universal is a particular legacy.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 611 — LA Code / Code childrens-code / Article 611
Immunity from civil or criminal liability
Status: in_force

A.(1) No cause of action shall exist against any:

(a) Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the provisions of this Chapter.

(b) Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the state repository or central registry for the purpose of protecting a child.

(2) Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed.

B. This immunity shall not be extended to:

(1) Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child.

(2) Any person who makes a report known to be false or with reckless disregard for the truth of the report.

C.(1) In any action to establish damages against a defendant who has made a false report of child abuse or neglect, the plaintiff shall bear the burden of proving that the defendant who filed the false report of child abuse or neglect knew the report was false or that the report was filed with reckless disregard for the truth of the report.

(2) A plaintiff who fails to meet his burden of proof provided in Subparagraph (1) of this Paragraph shall pay all court costs and attorney fees of the defendant.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 675, §1; Acts 2004, No. 76, §1; Acts 2006, No. 372, §1; Acts 2017, No. 348, §1, special eff. date.
La. Code Civ. Proc. art. 4565 — LA Code / Code code-of-civil-procedure / Article 4565
Undercurators
Status: in_force

A.(1) The court shall appoint as undercurator the qualified person best able to fulfill the duties of his office. The person appointed as undercurator qualifies by taking an oath to discharge faithfully the duties of his office.

(2) At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.

(3) If a person fails to qualify within ten days from his appointment or within the period specified by the court, the court on its own motion or on motion of any interested person, may revoke the appointment and appoint another qualified person. The delay allowed for qualification may be extended by the court for good cause.

B. The undercurator shall:

(1) Notify the court when the curator has failed to qualify timely for office.

(2) Have free access to the interdict and to all records relating to the interdict relevant to his office.

(3) Review all accounts and personal reports filed by the curator.

(4) Notify the court when he has reason to believe that the curator has failed to perform any duties imposed by law, including the duties to file necessary accounts and personal reports, and to maintain adequate security.

(5) Approve or disapprove any transactions that require his concurrence.

(6) Move to appoint a successor for a curator who becomes disqualified or whose office terminates.

(7) Move to appoint a successor for a curator who violates any of the provisions of Article 4566.

C. The undercurator shall have no duties, either express or implied, other than those set forth in this Article and in Civil Code Article 393.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016.
La. Civ. Code art. 582 — LA Code / Code civil-code / Article 582
Abandonment of usufruct.
Status: in_force

The usufructuary may release himself from the obligation to make repairs by abandoning the usufruct or, with the approval of the court, a portion thereof, even if the owner has instituted suit to compel him to make repairs or bear the expenses of them, and even if the usufructuary has been cast in judgment.

He may not release himself from the charges of the enjoyment during the period of his possession, nor from accountability for the damages that he, or persons for whom he is responsible, may have caused.

Acts 1976, No. 103, §1.
La. Civ. Code art. 159 — LA Code / Code civil-code / Article 159
Effect of divorce on community property regime
Status: in_force

A judgment of divorce terminates a community property regime retroactively to the date of filing of the petition in the action in which the judgment of divorce is rendered. The retroactive termination of the community shall be without prejudice to rights of third persons validly acquired in the interim between the filing of the petition and recordation of the judgment.

Amended by Acts 1977, No. 483, §2; Acts 1979, No. 711, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 2025, No. 488, §1.
La. Ch. Code art. 700 — LA Code / Code childrens-code / Article 700
Order; appeal
Status: in_force

A. At the conclusion of the case review hearing, the court shall make a finding as to whether the child can safely return to the custody of the parent and shall order return of custody to the parent if it is safe to do so. The court order shall give specific written reasons for the findings. If the court finds that the child cannot be safely returned to the parent under terms and conditions deemed to be in the best interest of the child, the court may take one of the following actions:

(1) Approve the plan as consistent with the health, welfare, and safety of the child and order compliance by all parties.

(2) Find that the case plan is not appropriate, in whole or in part, based on the evidence presented at the contradictory hearing, and order the department to revise the case plan accordingly.

B. At the conclusion of the case review hearing, the court shall inform the parents of all of the following:

(1) It is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and to correct the conditions requiring the child to be in care.

(2) It is their continuing responsibility to support the achievement of timely permanency for the child and to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.

(3) A termination of parental rights petition may be filed based on their failure to comply with the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.

C. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
La. Code Crim. Proc. art. 213 — LA Code / Code code-of-criminal-procedure / Article 213
Arrest by officer without warrant; when lawful
Status: in_force

A. A peace officer may, without a warrant, arrest a person when any of the following occur:

(1) The person to be arrested has committed an offense in his presence, and if the arrest is for a misdemeanor, it must be made immediately or on close pursuit.

(2) The person to be arrested has committed a felony, although not in the presence of the officer.

(3) The peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer.

(4) The peace officer has received positive and reliable information that another peace officer from this state holds an arrest warrant, or a peace officer of another state or the United States holds an arrest warrant for a felony offense.

B. A peace officer making an arrest pursuant to this Article who is in close pursuit of the person to be arrested may enter another jurisdiction in this state and make the arrest.

C. Notwithstanding any other provisions of law to the contrary, no magistrate shall have the authority to issue a warrant of arrest for a school employee, as defined by R.S. 17:16(G), for any misdemeanor act allegedly committed on school premises or at a school-sanctioned event during the course and scope of the school employee's employment. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.

D.(1) Except as provided in Paragraph (2) of this Subsection, and notwithstanding any other provision of law to the contrary, no peace officer shall have the authority to arrest a school employee, as defined by R.S. 17:16(G), for any misdemeanor allegedly committed upon a student during the course and scope of the school employee's employment regardless whether the act is alleged to have occurred on or off the school campus. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.

(2) A peace officer may arrest a school employee as defined in R.S. 17:16(G) and as provided in Subsection A of this Section in either of the following instances:

(a) The peace officer personally witnesses an alleged violation of R.S. 14:35 committed upon a student by a school employee, whether on or off campus.

(b) The peace officer receives a complaint of an alleged violation of R.S. 14:35 committed upon a student by a school employee, whether alleged to have occurred on or off campus, and there is physical evidence of a resulting injury to the student which is personally witnessed by the officer.

Amended by Acts 1972, No. 646, §1; Acts 1981, No. 613, §1; Acts 2014, No. 670, §1, eff. June 18, 2014; Acts 2014, No. 723, §1, eff. June 18, 2014.
La. Civ. Code art. 3140 — LA Code / Code civil-code / Article 3140
Nullity of agreement of forfeiture
Status: in_force

Unless expressly permitted by law, a clause in a contract providing in advance that ownership of a thing given as security will transfer upon default in performance of the secured obligation is absolutely null.

A clause in a contract obligating the owner of a thing to give it to an obligee in payment of a debt upon a future default in performance of an obligation is absolutely null.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 1306.11 — LA Code / Code childrens-code / Article 1306.11
Modification of child support order of another state
Status: in_force

A. If Article 1306.13 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.

(b) A petitioner who is a nonresident of this state seeks modification; and

(c) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

B. Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

C. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Article 1302.7 establishes the aspects of the support order which are nonmodifiable.

D. In a proceeding to modify a child support order, the law of the state that is determined to have issued the controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

E. On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

F. Notwithstanding Paragraphs A through E of this Article and Article 1302.1(B), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.

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.
La. Code Civ. Proc. art. 1291 — LA Code / Code code-of-civil-procedure / Article 1291
Service by sheriff
Status: in_force

Except as otherwise provided by law, service shall be made by the sheriff of the parish where service is to be made or of the parish where the action is pending.
La. Civ. Code art. 2432 — LA Code / Code civil-code / Article 2432
Right to marital portion.
Status: in_force

When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse.

Acts 1979, No. 710, §1.
La. Civ. Code art. 3262 — LA Code / Code civil-code / Article 3262
Privilege for expenses of preservation and other privileges.
Status: in_force

The privilege of him who has taken care of the property of another, has a preference over that property, for the necessary expenses which he incurred, above all the other claims for expenses, even funeral charges; his privilege yields only to that for the charges on the sale of the thing preserved.
La. Civ. Code art. 357 — LA Code / Code civil-code / Article 357
Decree; place of recording; notice
Status: in_force

If the prayer for full or limited continuing tutorship is granted, the decree shall be recorded in the conveyance and mortgage records of the parish of the minor's domicile, and of any future domicile, and in other parishes as may be deemed expedient. The decree shall not be effective as to persons without notice thereof outside of the parishes in which it is recorded.

Added by Acts 1966, No. 496, §2; Acts 2024, No. 123, §1.
La. Civ. Code art. 3148 — LA Code / Code civil-code / Article 3148
Pledge securing an obligation of another person
Status: in_force

A person may pledge his property to secure an obligation of another person. In such a case, the pledgor may assert against the pledgee any defense that the obligor could assert except lack of capacity or discharge in bankruptcy of the obligor. The pledgor may also assert any other defenses available to a surety.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 1748 — LA Code / Code civil-code / Article 1748
Right of return not presumed
Status: in_force

If the donation consists of present property, it is presumed not to have been made subject to the resolutory condition that the donor survive the donee or survive the donee and his descendants.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Code Crim. Proc. art. 624 — LA Code / Code code-of-criminal-procedure / Article 624
Grant of change of venue; procedure
Status: in_force

When a change of venue is granted, the clerk of the court in which the case is pending shall make and retain copies of all documents relating to the case. He shall deliver the original documents together with certified copies of all minute entries of the case to the clerk of the court to which the case is transferred, who shall enter the case upon the docket of the court, and the case shall be proceeded with in the same manner as if the proceedings had originally been instituted therein.
La. Civ. Code art. 2655 — LA Code / Code civil-code / Article 2655
Giving in payment, definition
Status: in_force

Giving in payment is a contract whereby an obligor gives a thing to the obligee, who accepts it in payment of a debt.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 531 — LA Code / Code code-of-criminal-procedure / Article 531
Motion to quash; nature of motion
Status: in_force

All pleas or defenses raised before trial, other than mental incapacity to proceed, or pleas of "not guilty" and of "not guilty and not guilty by reason of insanity," shall be urged by a motion to quash.
La. Code Civ. Proc. art. 3083 — LA Code / Code code-of-civil-procedure / Article 3083
Appointment of dative testamentary executor
Status: in_force

If no executor has been named in the testament, or if the one named is dead, disqualified, or declines the trust, on its own motion or on motion of any interested party, the court shall appoint a dative testamentary executor, in the manner provided for the appointment of an administrator of an intestate succession.
La. Code Civ. Proc. art. 732 — LA Code / Code code-of-civil-procedure / Article 732
Unemancipated minor
Status: in_force

A. An unemancipated minor has no procedural capacity to be sued.

B. Any person having parental authority over an unemancipated minor is a proper defendant in an action to enforce an obligation against the minor.

C. During tutorship, the tutor is the proper defendant in an action to enforce an obligation against the unemancipated minor. If a minor has no tutor, the action may be brought against the minor, but the court shall appoint an attorney to represent him until a tutor is appointed for the minor.

D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper defendant in an action to enforce an obligation against an unemancipated minor. Upon application of the tutor or person having parental authority who would otherwise be the proper defendant to be sued pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper defendant the best qualified among the tutor, a person having parental authority, or the appointed attorney.

Acts 1992, No. 106, §1, eff. June 5, 1992; Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 2004, No. 26, §2; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
La. Ch. Code art. 1457 — LA Code / Code childrens-code / Article 1457
Right of habeas corpus
Status: in_force

Nothing in this Title shall deny the right of habeas corpus, including an application based upon a change of circumstances.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3501 — LA Code / Code code-of-civil-procedure / Article 3501
Petition; affidavit; security
Status: in_force

A writ of attachment or of sequestration shall issue only when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the petition verified by, or by the separate affidavit of, the petitioner, his counsel or agent.

The applicant shall furnish security as required by law for the payment of the damages the defendant may sustain when the writ is obtained wrongfully.
La. Code Civ. Proc. art. 3396.19 — LA Code / Code code-of-civil-procedure / Article 3396.19
Final account
Status: in_force

Unless the heirs and legatees waive a final accounting, the independent administrator shall file a final account with the court. After homologation of that account, the court shall enter an order discharging the succession representative. The final account shall be served in accordance with Chapter 9 of Title III of Book VI.

Acts 2001, No. 974, §1.
La. Ch. Code art. 108 — LA Code / Code childrens-code / Article 108
Conjunctive, disjunctive, or both
Status: in_force

Unless the context clearly indicates otherwise:

(1) The word "and" indicates the conjunctive.

(2) The word "or" indicates the disjunctive.

(3) When the Article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended.

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