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2023 Louisiana Laws › Civil Code › Art. 1608. Revocation of a legacy or other testamentary provision

Art. 1608. Revocation of a legacy or other testamentary provision
Revocation of a legacy or other testamentary provision occurs when the testator:
(1) So declares in one of the forms prescribed for testaments.
(2) Makes a subsequent incompatible testamentary disposition or provision.
(3) Makes a subsequent inter vivos disposition of the thing that is the object of the legacy and does not reacquire it.
(4) Clearly revokes the provision or legacy by a signed writing on the testament itself.
(5) Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1609. Revocation of juridical act prior to testator's death

Art. 1609. Revocation of juridical act prior to testator's death
The revocation of a testament, legacy, or other testamentary provision that is made in any manner other than physical destruction of the testament, subsequent inter vivos disposition or divorce is not effective if the revocation itself is revoked prior to the testator's death.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1611. Intent of testator controls

SECTION 7. RULES FOR THE INTERPRETATION OF LEGACIES
Art. 1611. Intent of testator controls
A. The intent of the testator controls the interpretation of his testament. If the language of the testament is clear, its letter is not to be disregarded under the pretext of pursuing its spirit. The following rules for interpretation apply only when the testator's intent cannot be ascertained from the language of the testament. In applying these rules, the court may be aided by any competent evidence.
B. When a testament uses a term the legal effect of which has been changed after the date of execution of the testament, the court may consider the law in effect at the time the testament was executed to ascertain the testator's intent in the interpretation of a legacy or other testamentary provision.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 560, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1613. Mistake in identification of object bequeathed

Art. 1613. Mistake in identification of object bequeathed
If the identification of an object given is unclear or erroneous, the disposition is nonetheless effective if it can be ascertained what object the testator intended to give. If it cannot be ascertained whether a greater or lesser quantity was intended, it must be decided for the lesser.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1615. Contradictory provisions

Art. 1615. Contradictory provisions
When a testament contains contradictory provisions, the one written last prevails. Nonetheless, when the testament contains a legacy of a collection or a group of objects and also a legacy of some or all of the same objects, the legacy of some or all of the objects prevails.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1617. Disinherison of forced heirs

SECTION 8. DISINHERISON
Art. 1617. Disinherison of forced heirs
A forced heir shall be deprived of his legitime if he is disinherited by the testator, for just cause, in the manner prescribed in the following Articles.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1619. Disinherison, express and for just cause

Art. 1619. Disinherison, express and for just cause
The disinherison must be made expressly and for a just cause; otherwise, it is null. The person who is disinherited must be either identified by name or otherwise identifiable from the instrument that disinherits him.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1621. Children; causes for disinherison by parents

Art. 1621. Children; causes for disinherison by parents
A. A parent has just cause to disinherit a child if:
(1) The child has raised his hand to strike a parent, or has actually struck a parent; but a mere threat is not sufficient.
(2) The child has been guilty, towards a parent, of cruel treatment, crime, or grievous injury.
(3) The child has attempted to take the life of a parent.
(4) The child, without any reasonable basis, has accused a parent of committing a crime for which the law provides that the punishment could be life imprisonment or death.
(5) The child has used any act of violence or coercion to hinder a parent from making a testament.
(6) The child, being a minor, has married without the consent of the parent.
(7) The child has been convicted of a crime for which the law provides that the punishment could be life imprisonment or death.
(8) The child, after attaining the age of majority and knowing how to contact the parent, has failed to communicate with the parent without just cause for a period of two years, unless the child was on active duty in any of the military forces of the United States at the time.
B. For a disinherison to be valid, the cause must have occurred prior to the execution of the instrument that disinherits the heir.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1622. Grandparents; causes for disinherison of grandchildren

Art. 1622. Grandparents; causes for disinherison of grandchildren
A grandparent may disinherit his grandchild for any of the causes, other than the sixth, expressed in the preceding Article, whenever the offending act has been committed against a parent or a grandparent. He may also disinherit the grandchild for the seventh cause expressed in the preceding Article.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1623. Timing of action; no defense

Art. 1623. Timing of action; no defense
A person may be disinherited even though he was not a presumptive forced heir at the time of the occurrence of the act or the facts or circumstances alleged to constitute just cause for his disinherison.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1624. Mention of cause for disinherison; burden of proof; reconciliation

Art. 1624. Mention of cause for disinherison; burden of proof; reconciliation
The testator shall express in the instrument the reason, facts, or circumstances that constitute the cause for the disinherison; otherwise, the disinherison is null. The reason, facts, or circumstances expressed in the instrument shall be presumed to be true. The presumption may be rebutted by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to overcome the presumption.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1625. Reconciliation

Art. 1625. Reconciliation
A. A person who is disinherited may overcome the disinherison by proving reconciliation with the testator after the occurrence of the reason, facts, or circumstances expressed in the instrument, provided he does so by clear and convincing evidence.
B. A writing signed by the testator that clearly and unequivocally demonstrates reconciliation shall constitute clear and convincing evidence.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1626. Defenses to disinherison

Art. 1626. Defenses to disinherison
A disinherison shall not be effective if the person who is disinherited shows that because of his age or mental capacity he was not capable of understanding the impropriety of his behavior or if he shows that the behavior was unintentional or justified under the circumstances. Proof of this defense must be by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to establish this defense.
Acts 2001, No. 573, §1, eff. June 22, 2001.
2023 Louisiana Laws › Civil Code › Art. 1724. Right of parents and ascendants to partition property among descendants

CHAPTER 7. OF PARTITIONS MADE BY PARENTS AND OTHER
ASCENDANTS AMONG THEIR DESCENDANTS
Art. 1724. Right of parents and ascendants to partition property among descendants
Fathers and mothers and other ascendants may make a distribution and partition of their property among their children and descendants, either by designating the quantum of the parts and partitions [portions] which they assign to each of them, or in designating the property* that shall compose their respective lots.
Acts 2004, No. 26, §1.
* English translation of French text incomplete; should include "of one kind or another."
2023 Louisiana Laws › Civil Code › Art. 1725. Method of making partition

Art. 1725. Method of making partition
These partitions may be made by act inter vivos or by testament. If a testator has designated the quantum or value of his estate which he bequeaths to a legatee either by formula or by specific sum, he may expressly delegate to his executor the authority to select assets to satisfy the quantum or value.
Amended by Acts 1982, No. 448, §1.
2023 Louisiana Laws › Civil Code › Art. 1729. Necessity for partition to include all descendants.

Art. 1729. Necessity for partition to include all descendants.
If the partition, whether inter vivos or by testament, be not made amongst all the children living at the time of the decease and the descendants of those predeceased, the partition shall be null and void for the whole; the child or descendant who had no part in it, may require a new partition in legal form.
Amended by Acts 1871, No. 87.
2023 Louisiana Laws › Civil Code › Art. 1734. Donations in contemplation of marriage by third persons; in general

CHAPTER 8. OF DONATIONS
INTER VIVOS
MADE IN CONTEMPLATION
OF MARRIAGE BY THIRD PERSONS
SECTION 1. IN GENERAL
Art. 1734. Donations in contemplation of marriage by third persons; in general
Any third person may make a donation
inter vivos
in contemplation of a prospective marriage in accordance with the provisions of this Chapter. Such a donation shall be governed by the rules applicable to donations inter vivos in general, including the rules pertaining to the reduction of donations that exceed the disposable portion, but only insofar as those general rules are not modified by the following Articles.
A donation
inter vivos
by a third person in contemplation of a prospective marriage that is not made in accordance with the provisions of this Chapter shall be governed solely by the rules applicable to donations
inter vivos
in general.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1735. Form

Art. 1735. Form
The donation shall be made by a single instrument in authentic form. The instrument, which shall expressly state that the donor makes the donation in contemplation of the marriage of the prospective spouses, shall be signed at the same time and at the same place by the donor and by both of the prospective spouses.
The donation need not be accepted in express terms.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1737. Beneficiaries

SECTION 2. DONATIONS OF PRESENT PROPERTY
Art. 1737. Beneficiaries
The donor may donate any of his present property to both or one of the prospective spouses. The donation may not, however, be made to their common descendants, whether already born or to be born.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1738. Beneficiaries

SECTION 3. DONATIONS OF PROPERTY TO BE LEFT AT DEATH
Art. 1738. Beneficiaries
The donor may donate all or any of the property that he will leave at his death (1) to both or one of the prospective spouses or (2) to both or one of them and, in the event that they or he predecease the donor or, once the donor's succession is opened, they or he either renounce the donation or are declared unworthy to receive it, to their common descendants, whether already born or to be born.
The donation is presumed to be made in favor of the common descendants of the spouses, even if, in the act of donation, the donor does not mention them.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1739. Limited irrevocability

Art. 1739. Limited irrevocability
A donation of property that the donor will leave at his death is irrevocable only in the sense that the donor may no longer dispose of the property by gratuitous title, save for dispositions of modest value. Nevertheless, the donor remains the owner of the property and, as such, retains the full liberty of disposing of it by onerous title, in the absence of an express stipulation to the contrary.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1740. Division following substitution of common descendants

Art. 1740. Division following substitution of common descendants
If the common descendants of the spouses find themselves substituted to both or one of the spouses, the property to which the common descendants are entitled shall be divided among them in accordance with the provisions of Chapter 2 of Title I of Book III.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1741. Caducity; causes and effects

Art. 1741. Caducity; causes and effects
If every one of the donees, including the substitutes, predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect at all. The object of the donation falls to the donor's heirs or legatees, as the case may be.
If the donation has been made to both spouses and to their common descendants, and if one of the spouses predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect only with respect to that spouse. To that extent, accretion takes place in favor of the surviving spouse, if the donation has been made to the spouses jointly, or substitution takes place in favor of their common descendants, if the donation has been made to the spouses separately.
If the donation has been made to both spouses, but not to their common descendants, and if one of the spouses predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect only with respect to that spouse. To that extent, the object of the donation accretes to the surviving spouse, if the donation has been made to the spouses jointly, or falls to the donor's heirs or legatees, as the case may be, if the donation has been made to the spouses separately.
If the donation has been made to one spouse only and to the spouses' common descendants, and if the donee spouse predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect with respect to the donee spouse. Substitution takes place in favor of the spouses' common descendants.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1742. Acceptance or renunciation of succession

Art. 1742. Acceptance or renunciation of succession
The donee of a donation of property that the donor will leave at his death has the right to accept or renounce the succession of the donor in accordance with the provisions of Chapter 6 of Title I of Book III.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1743. Universal succession; liability for estate debts

Art. 1743. Universal succession; liability for estate debts
The donee of a universal or general donation of property that the donor will leave at his death, as a universal successor of the donor, is answerable for the debts of the estate of the donor in accordance with the provisions of Chapter 13 of Title I of Book III.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1744. Donations between future or present spouses; in general

CHAPTER 9. OF INTERSPOUSAL DONATIONS INTER VIVOS
Art. 1744. Donations between future or present spouses; in general
A person may make a donation
inter vivos
to his future or present spouse in contemplation of or in consideration of their marriage in accordance with the provisions of this Chapter. Such a donation shall be governed by the rules applicable to donations inter vivos in general, including the rules that pertain to the reduction of donations that exceed the disposable portion, but only insofar as those general rules are not modified by the following Articles.
A donation
inter vivos
by a person to his future or present spouse in contemplation of or in consideration of their marriage that is not made in accordance with the provisions of this Chapter shall be governed solely by the rules applicable to donations
inter vivos
in general.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1745. Applicability of rules on donations in contemplation of marriage by third person

Art. 1745. Applicability of rules on donations in contemplation of marriage by third person
The provisions of Chapter 8 of this Title shall apply
mutatis mutandis
to such donations, with the following modifications.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1746. Objects and beneficiaries

Art. 1746. Objects and beneficiaries
The donation, which may consist of any of the donor's present property or all or any of the property that the donor will leave at his death, may be made to the donor's future or present spouse. The donation may not, however, be made to their common descendants, whether already born or to be born.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1747. Form

Art. 1747. Form
The donation shall be made by a single instrument in authentic form. The instrument, which shall expressly state that the donor makes the donation in contemplation of his prospective marriage or in consideration of his present marriage, as the case may be, shall be signed at the same time and at the same place by the donor and by the donee.
The donation need not be accepted in express terms.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1748. Right of return not presumed

Art. 1748. Right of return not presumed
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.
2023 Louisiana Laws › Civil Code › Art. 1749. Donation of property to be left at death; caducity

Art. 1749. Donation of property to be left at death; caducity
When the donation consists of property that the donor will leave at his death, it becomes of no effect and the object thereof thereupon falls to the heirs or legatees of the donor spouse, as the case may be, if the donee predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1750. Donations of property to be left at death made during marriage; revocability

Art. 1750. Donations of property to be left at death made during marriage; revocability
A donation made during marriage of property that the donor will leave at his death is freely revocable, notwithstanding any stipulation to the contrary.
Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1751. Disguised donations and donations to persons interposed

Art. 1751. Disguised donations and donations to persons interposed
A donation of property that the donor will leave at his death is absolutely null if it is disguised or made to a person interposed to his spouse.
The following are reputed to be such person interposed:
(1) a child of the donee spouse who is not among the spouses' common children; or
(2) a person to whom the donee spouse is a presumptive successor at the time when the donation is made, even if the donee spouse does not thereafter survive that person.
Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1756. Obligations; definition

TITLE III. OBLIGATIONS IN GENERAL
CHAPTER 1. GENERAL PRINCIPLES
Art. 1756. Obligations; definition
An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1757. Sources of obligations

Art. 1757. Sources of obligations
Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1758. General effects

Art. 1758. General effects
A. An obligation may give the obligee the right to:
(1) Enforce the performance that the obligor is bound to render;
(2) Enforce performance by causing it to be rendered by another at the obligor's expense;
(3) Recover damages for the obligor's failure to perform, or his defective or delayed performance.
B. An obligation may give the obligor the right to:
(1) Obtain the proper discharge when he has performed in full;
(2) Contest the obligee's actions when the obligation has been extinguished or modified by a legal cause.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1760. Moral duties that may give rise to a natural obligation

CHAPTER 2. NATURAL OBLIGATIONS
Art. 1760. Moral duties that may give rise to a natural obligation
A natural obligation arises from circumstances in which the law implies a particular moral duty to render a performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1761. Effects of a natural obligation

Art. 1761. Effects of a natural obligation
A natural obligation is not enforceable by judicial action. Nevertheless, whatever has been freely performed in compliance with a natural obligation may not be reclaimed.
A contract made for the performance of a natural obligation is onerous.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1762. Examples of circumstances giving rise to a natural obligation

Art. 1762. Examples of circumstances giving rise to a natural obligation
Examples of circumstances giving rise to a natural obligation are:
(1) When a civil obligation has been extinguished by prescription or discharged in bankruptcy.
(2) When an obligation has been incurred by a person who, although endowed with discernment, lacks legal capacity.
(3) When the universal successors are not bound by a civil obligation to execute the donations and other dispositions made by a deceased person that are null for want of form.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1764. Effects of real obligation

Art. 1764. Effects of real obligation
A real obligation is transferred to the universal or particular successor who acquires the movable or immovable thing to which the obligation is attached, without a special provision to that effect.
But a particular successor is not personally bound, unless he assumes the personal obligations of his transferor with respect to the thing, and he may liberate himself of the real obligation by abandoning the thing.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1765. Heritable obligation

SECTION 2. STRICTLY PERSONAL AND
HERITABLE OBLIGATIONS
Art. 1765. Heritable obligation
An obligation is heritable when its performance may be enforced by a successor of the obligee or against a successor of the obligor.
Every obligation is deemed heritable as to all parties, except when the contrary results from the terms or from the nature of the contract.
A heritable obligation is also transferable between living persons.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1766. Strictly personal obligation

Art. 1766. Strictly personal obligation
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.
2023 Louisiana Laws › Civil Code › Art. 1767. Suspensive and resolutory condition

SECTION 3. CONDITIONAL OBLIGATIONS
Art. 1767. Suspensive and resolutory condition
A conditional obligation is one dependent on an uncertain event.
If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive.
If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1770. Condition that depends on the whim or the will of the obligor

Art. 1770. Condition that depends on the whim or the will of the obligor
A suspensive condition that depends solely on the whim of the obligor makes the obligation null.
A resolutory condition that depends solely on the will of the obligor must be fulfilled in good faith.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1773. Time for fulfillment of condition that an event shall occur

Art. 1773. Time for fulfillment of condition that an event shall occur
If the condition is that an event shall occur within a fixed time and that time elapses without the occurrence of the event, the condition is considered to have failed.
If no time has been fixed for the occurrence of the event, the condition may be fulfilled within a reasonable time.
Whether or not a time has been fixed, the condition is considered to have failed once it is certain that the event will not occur.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1774. Time for fulfillment of condition that an event shall not occur

Art. 1774. Time for fulfillment of condition that an event shall not occur
If the condition is that an event shall not occur within a fixed time, it is considered as fulfilled once that time has elapsed without the event having occurred.
The condition is regarded as fulfilled whenever it is certain that the event will not occur, whether or not a time has been fixed.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1775. Effects retroactive

Art. 1775. Effects retroactive
Fulfillment of a condition has effects that are retroactive to the inception of the obligation. Nevertheless, that fulfillment does not impair the validity of acts of administration duly performed by a party, nor affect the ownership of fruits produced while the condition was pending. Likewise, fulfillment of the condition does not impair the right acquired by third persons while the condition was pending.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1777. Express or implied term

SECTION 4. OBLIGATIONS WITH A TERM
Art. 1777. Express or implied term
A term for the performance of an obligation may be express or it may be implied by the nature of the contract.
Performance of an obligation not subject to a term is due immediately.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1778. Term for performance

Art. 1778. Term for performance
A term for the performance of an obligation is a period of time either certain or uncertain. It is certain when it is fixed. It is uncertain when it is not fixed but is determinable either by the intent of the parties or by the occurrence of a future and certain event. It is also uncertain when it is not determinable, in which case the obligation must be performed within a reasonable time.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1782. If the obligor is insolvent

Art. 1782. If the obligor is insolvent
When the obligation is such that its performance requires the solvency of the obligor, the term is regarded as nonexistent if the obligor is found to be insolvent.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1783. Impairment or failure of security

Art. 1783. Impairment or failure of security
When the obligation is subject to a term and the obligor fails to furnish the promised security, or the security furnished becomes insufficient, the obligee may require that the obligor, at his option, either perform the obligation immediately or furnish sufficient security. The obligee may take all lawful measures to preserve his right.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1784. Term for performance not fixed

Art. 1784. Term for performance not fixed
When the term for performance of an obligation is not marked by a specific date but is rather a period of time, the term begins to run on the day after the contract is made, or on the day after the occurrence of the event that marks the beginning of the term, and it includes the last day of the period.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1786. Several, joint, and solidary obligations

SECTION 5. OBLIGATIONS WITH MULTIPLE PERSONS
Art. 1786. Several, joint, and solidary obligations
When an obligation binds more than one obligor to one obligee, or binds one obligor to more than one obligee, or binds more than one obligor to more than one obligee, the obligation may be several, joint, or solidary.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1787. Several obligations; effects

Art. 1787. Several obligations; effects
When each of different obligors owes a separate performance to one obligee, the obligation is several for the obligors.
When one obligor owes a separate performance to each of different obligees, the obligation is several for the obligees.
A several obligation produces the same effects as a separate obligation owed to each obligee by an obligor or by each obligor to an obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1788. Joint obligations for obligors or obligees

Art. 1788. Joint obligations for obligors or obligees
When different obligors owe together just one performance to one obligee, but neither is bound for the whole, the obligation is joint for the obligors.
When one obligor owes just one performance intended for the common benefit of different obligees, neither of whom is entitled to the whole performance, the obligation is joint for the obligees.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1789. Divisible and indivisible joint obligation

Art. 1789. Divisible and indivisible joint obligation
When a joint obligation is divisible, each joint obligor is bound to perform, and each joint obligee is entitled to receive, only his portion.
When a joint obligation is indivisible, joint obligors or obligees are subject to the rules governing solidary obligors or solidary obligees.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1794. Solidary obligation for obligors

Art. 1794. Solidary obligation for obligors
An obligation is solidary for the obligors when each obligor is liable for the whole performance. A performance rendered by one of the solidary obligors relieves the others of liability toward the obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1795. Solidary obligor may not request division; action against one obligor after action against another

Art. 1795. Solidary obligor may not request division; action against one obligor after action against another
An obligee, at his choice, may demand the whole performance from any of his solidary obligors. A solidary obligor may not request division of the debt.
Unless the obligation is extinguished, an obligee may institute action against any of his solidary obligors even after institution of action against another solidary obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1800. Solidary liability for damages

Art. 1800. Solidary liability for damages
A failure to perform a solidary obligation through the fault of one obligor renders all the obligors solidarily liable for the resulting damages. In that case, the obligors not at fault have their remedy against the obligor at fault.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1801. Defenses that solidary obligor may raise

Art. 1801. Defenses that solidary obligor may raise
A solidary obligor may raise against the obligee defenses that arise from the nature of the obligation, or that are personal to him, or that are common to all the solidary obligors. He may not raise a defense that is personal to another solidary obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1802. Renunciation of solidarity

Art. 1802. Renunciation of solidarity
Renunciation of solidarity by the obligee in favor of one or more of his obligors must be express. An obligee who receives a partial performance from an obligor separately preserves the solidary obligation against all his obligors after deduction of that partial performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1803. Remission of debt to or transaction or compromise with one obligor

Art. 1803. Remission of debt to or transaction or compromise with one obligor
Remission of debt by the obligee in favor of one obligor, or a transaction or compromise between the obligee and one obligor, benefits the other solidary obligors in the amount of the portion of that obligor.
Surrender to one solidary obligor of the instrument evidencing the obligation gives rise to a presumption that the remission of debt was intended for the benefit of all the solidary obligors.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1804. Liability of solidary obligors between themselves

Art. 1804. Liability of solidary obligors between themselves
Among solidary obligors, each is liable for his virile portion. If the obligation arises from a contract or quasi-contract, virile portions are equal in the absence of agreement or judgment to the contrary. If the obligation arises from an offense or quasi-offense, a virile portion is proportionate to the fault of each obligor.
A solidary obligor who has rendered the whole performance, though subrogated to the right of the obligee, may claim from the other obligors no more than the virile portion of each.
If the circumstances giving rise to the solidary obligation concern only one of the obligors, that obligor is liable for the whole to the other obligors who are then considered only as his sureties.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1805. Enforcement of contribution

Art. 1805. Enforcement of contribution
A party sued on an obligation that would be solidary if it exists may seek to enforce contribution against any solidary co-obligor by making him a third party defendant according to the rules of procedure, whether or not that third party has been initially sued, and whether the party seeking to enforce contribution admits or denies liability on the obligation alleged by plaintiff.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1806. Insolvency of a solidary obligor

Art. 1806. Insolvency of a solidary obligor
A loss arising from the insolvency of a solidary obligor must be borne by the other solidary obligors in proportion to their portion.
Any obligor in whose favor solidarity has been renounced must nevertheless contribute to make up for the loss.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1807. Conjunctive obligation

SECTION 6. CONJUNCTIVE AND ALTERNATIVE OBLIGATIONS
Art. 1807. Conjunctive obligation
An obligation is conjunctive when it binds the obligor to multiple items of performance that may be separately rendered or enforced. In that case, each item is regarded as the object of a separate obligation.
The parties may provide that the failure of the obligor to perform one or more items shall allow the obligee to demand the immediate performance of all the remaining items.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1812. Impossibility or unlawfulness of one item of performance

Art. 1812. Impossibility or unlawfulness of one item of performance
When the choice belongs to the obligor and one of the items of performance contemplated in the alternative obligation becomes impossible or unlawful, regardless of the fault of the obligor, he must render one of those that remain.
When the choice belongs to the obligee and one of the items of performance becomes impossible or unlawful without the fault of the obligor, the obligee must choose one of the items that remain. If the impossibility or unlawfulness is due to the fault of the obligor, the obligee may choose either one of those that remain, or damages for the item of performance that became impossible or unlawful.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1813. Impossibility or unlawfulness of all items of performance

Art. 1813. Impossibility or unlawfulness of all items of performance
If all of the items of performance contemplated in the alternative obligation become impossible or unlawful without the obligor's fault, the obligation is extinguished.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1814. Obligor's liability for damages

Art. 1814. Obligor's liability for damages
When the choice belongs to the obligor, if all the items of performance contemplated in the alternative obligation have become impossible and the impossibility of one or more is due to the fault of the obligor, he is liable for the damages resulting from his failure to render the last item that became impossible.
If the impossibility of one or more items is due to the fault of the obligee, the obligor is not bound to deliver any of the items that remain.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1815. Divisible and indivisible obligation

SECTION 7. DIVISIBLE AND INDIVISIBLE OBLIGATIONS
Art. 1815. Divisible and indivisible obligation
An obligation is divisible when the object of the performance is susceptible of division.
An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1816. Effect of divisible obligation between single obligor and obligee

Art. 1816. Effect of divisible obligation between single obligor and obligee
When there is only one obligor and only one obligee, a divisible obligation must be performed as if it were indivisible.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1817. Effects of divisible obligation among successors

Art. 1817. Effects of divisible obligation among successors
A divisible obligation must be divided among successors of the obligor or of the obligee.
Each successor of the obligor is liable only for his share of a divisible obligation.
Each successor of the obligee is entitled only to his share of a divisible obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1818. Effects of indivisible obligations between more than one obligor or obligee

Art. 1818. Effects of indivisible obligations between more than one obligor or obligee
An indivisible obligation with more than one obligor or obligee is subject to the rules governing solidary obligations.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1819. Effect of indivisible obligation among successors

Art. 1819. Effect of indivisible obligation among successors
An indivisible obligation may not be divided among the successors of the obligor or of the obligee, who are thus subject to the rules governing solidary obligors or solidary obligees.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1821. Assumption by agreement between obligor and third person

CHAPTER 4. TRANSFER OF OBLIGATIONS
SECTION 1. ASSUMPTION OF OBLIGATIONS
Art. 1821. Assumption by agreement between obligor and third person
An obligor and a third person may agree to an assumption by the latter of an obligation of the former. To be enforceable by the obligee against the third person, the agreement must be made in writing.
The obligee's consent to the agreement does not effect a release of the obligor.
The unreleased obligor remains solidarily bound with the third person.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1822. Third person bound for amount assumed

Art. 1822. Third person bound for amount assumed
A person who, by agreement with the obligor, assumes the obligation of the latter is bound only to the extent of his assumption.
The assuming obligor may raise any defense based on the contract by which the assumption was made.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1823. Assumption by agreement between obligee and third person

Art. 1823. Assumption by agreement between obligee and third person
An obligee and a third person may agree on an assumption by the latter of an obligation owed by another to the former. That agreement must be made in writing. That agreement does not effect a release of the original obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1824. Defenses

Art. 1824. Defenses
A person who, by agreement with the obligee, has assumed another's obligation may not raise against the obligee any defense based on the relationship between the assuming obligor and the original obligor.
The assuming obligor may raise any defense based on the relationship between the original obligor and obligee. He may not invoke compensation based on an obligation owed by the obligee to the original obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1826. Effects

Art. 1826. Effects
A. When subrogation results from a person's performance of the obligation of another, that obligation subsists in favor of the person who performed it who may avail himself of the action and security of the original obligee against the obligor, but is extinguished for the original obligee.
B. An original obligee who has been paid only in part may exercise his right for the balance of the debt in preference to the new obligee. This right shall not be waived or altered if the original obligation arose from injuries sustained or loss occasioned by the original obligee as a result of the negligence or intentional conduct of the original obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2001, No. 305, §1.
2023 Louisiana Laws › Civil Code › Art. 1827. Conventional subrogation by the obligee

Art. 1827. Conventional subrogation by the obligee
An obligee who receives performance from a third person may subrogate that person to the rights of the obligee, even without the obligor's consent. That subrogation is subject to the rules governing the assignment of rights.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1828. Conventional subrogation by the obligor

Art. 1828. Conventional subrogation by the obligor
An obligor who pays a debt with money or other fungible things borrowed for that purpose may subrogate the lender to the rights of the obligee, even without the obligee's consent.
The agreement for subrogation must be made in writing expressing that the purpose of the loan is to pay the debt.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1829. Subrogation by operation of law

Art. 1829. Subrogation by operation of law
Subrogation takes place by operation of law:
(1) In favor of an obligee who pays another obligee whose right is preferred to his because of a privilege, pledge, mortgage, or security interest;
(2) In favor of a purchaser of movable or immovable property who uses the purchase money to pay creditors holding any privilege, pledge, mortgage, or security interest on the property;
(3) In favor of an obligor who pays a debt he owes with others or for others and who has recourse against those others as a result of the payment;
(4) In favor of a successor who pays estate debts with his own funds; and
(5) In the other cases provided by law.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1989, No. 137, §16, eff. Sept. 1, 1989; Acts 2001, No. 572, §1.
2023 Louisiana Laws › Civil Code › Art. 1830. Effects of legal subrogation

Art. 1830. Effects of legal subrogation
When subrogation takes place by operation of law, the new obligee may recover from the obligor only to the extent of the performance rendered to the original obligee. The new obligee may not recover more by invoking conventional subrogation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1831. Party must prove obligation

CHAPTER 5. PROOF OF OBLIGATIONS
Art. 1831. Party must prove obligation
A party who demands performance of an obligation must prove the existence of the obligation.
A party who asserts that an obligation is null, or that it has been modified or extinguished, must prove the facts or acts giving rise to the nullity, modification, or extinction.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1833. Authentic act

Art. 1833. Authentic act
A. An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed. The typed or hand-printed name of each person shall be placed in a legible form immediately beneath the signature of each person signing the act.
B. To be an authentic act, the writing need not be executed at one time or place, or before the same notary public or in the presence of the same witnesses, provided that each party who executes it does so before a notary public or other officer authorized to perform that function, and in the presence of two witnesses and each party, each witness, and each notary public signs it. The failure to include the typed or hand-printed name of each person signing the act shall not affect the validity or authenticity of the act.
C. If a party is unable or does not know how to sign his name, the notary public must cause him to affix his mark to the writing.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 965, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 1834. Act that fails to be authentic

Art. 1834. Act that fails to be authentic
An act that fails to be authentic because of the lack of competence or capacity of the notary public, or because of a defect of form, may still be valid as an act under private signature.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1835. Authentic act constitutes full proof between parties and heirs

Art. 1835. Authentic act constitutes full proof between parties and heirs
An authentic act constitutes full proof of the agreement it contains, as against the parties, their heirs, and successors by universal or particular title.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.