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2023 Louisiana Laws › Civil Code › Art. 3061. Termination of suretyship

Art. 3061. Termination of suretyship
A surety may terminate the suretyship by notice to the creditor. The termination does not affect the surety's liability for obligations incurred by the principal obligor, or obligations the creditor is bound to permit the principal obligor to incur at the time the notice is received, nor may it prejudice the creditor or principal obligor who has changed his position in reliance on the suretyship.
Knowledge of the death of a surety has the same effect on a creditor as would a notice of termination received from the surety. A termination resulting from notice of the surety's death does not affect a universal successor of the surety who thereafter unequivocally confirms his willingness to continue to be bound thereby. The confirmation need not be in writing to be enforceable.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3062. Effect of modifications of principal obligation

Art. 3062. Effect of modifications of principal obligation
The modification or amendment of the principal obligation, or the impairment of real security held for it, by the creditor, in any material manner and without the consent of the surety, has the following effects.
An ordinary suretyship is extinguished.
A commercial suretyship is extinguished to the extent the surety is prejudiced by the action of the creditor, unless the principal obligation is one other than for the payment of money, and the surety should have contemplated that the creditor might take such action in the ordinary course of performance of the obligation. The creditor has the burden of proving that the surety has not been prejudiced or that the extent of the prejudice is less than the full amount of the surety's obligation.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3063. Commercial suretyship rules apply to legal suretyship

CHAPTER 7. LEGAL SURETYSHIP
Art. 3063. Commercial suretyship rules apply to legal suretyship
The provisions governing commercial suretyship contained in this Title apply to legal suretyship except as otherwise provided in this Chapter.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3065. Qualifications of legal surety; evidenced by affidavit; lack thereof not a defense

Art. 3065. Qualifications of legal surety; evidenced by affidavit; lack thereof not a defense
Legal suretyship may be given only by a person authorized to conduct a surety business in Louisiana or by a natural person domiciled in this state who owns property in this state that is subject to seizure and is of sufficient value to satisfy the obligation of the surety.
The qualification of a natural person to act as legal surety must be evidenced by his affidavit and the affidavit of the principal obligor.
A legal surety may not raise his lack of qualification as a defense to an action on his contract.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3066. Legal suretyship to conform to law

Art. 3066. Legal suretyship to conform to law
A legal suretyship is deemed to conform to the requirements of the law or order pursuant to which it is given, except as provided by Article 3067.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3067. Permissible variations

Art. 3067. Permissible variations
A surety is not liable for a sum in excess of that expressly stated in his contract. A legal suretyship may contain terms more favorable to the creditor than those required by the law or order pursuant to which it is given, but it may not provide for a time longer than is provided by law for bringing an action against the surety.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3068. Pledge of funds in lieu of suretyship

Art. 3068. Pledge of funds in lieu of suretyship
Legal suretyship may be given whenever the law requires or permits a person to give security for an obligation. The principal obligor may in lieu of legal suretyship deposit a sum equal to the amount for which he is to furnish security to be held in pledge as security for his obligation.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3069. Necessity for judgment against legal surety

Art. 3069. Necessity for judgment against legal surety
No judgment shall be rendered against a legal surety unless the creditor obtains judgment against the principal obligor fixing the amount of the latter's liability to the creditor or unless the amount of that liability has otherwise been fixed. The creditor may join the surety and principal obligor in the same action.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3070. Right to demand new security

Art. 3070. Right to demand new security
If a legal surety ceases to possess required qualifications or becomes insolvent or bankrupt, any interested person may demand that the principal obligor furnish additional security in the same amount and upon the same terms as those given by the existing surety for the performance of the obligation.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3071. Compromise; definition

TITLE XVII. COMPROMISE
Art. 3071. Compromise; definition
A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship.
Amended by Acts 1981, No. 782, §1, eff. July 28, 1981; Acts 2007, No. 138, §1.
2023 Louisiana Laws › Civil Code › Art. 3074. Lawful object

Art. 3074. Lawful object
The civil consequences of an unlawful act giving rise to a criminal action may be the object of a compromise, but the criminal action itself shall not be extinguished by the compromise.
A compromise may relate to the patrimonial effects of a person's civil status, but that civil status cannot be changed by the compromise.
Acts 2007, No. 138, §1.
2023 Louisiana Laws › Civil Code › Art. 3079. Tender and acceptance of less than the amount of the claim

Art. 3079. Tender and acceptance of less than the amount of the claim
A compromise is also made when the claimant of a disputed or unliquidated claim, regardless of the extent of his claim, accepts a payment that the other party tenders with the clearly expressed written condition that acceptance of the payment will extinguish the obligation.
Acts 2007, No. 138, §1.
2023 Louisiana Laws › Civil Code › Art. 3101. Capacity of parties; authority of mandataries, tutors and curators.

Art. 3101. Capacity of parties; authority of mandataries, tutors and curators.
They who cannot bind themselves cannot make a submission. An attorney in fact cannot make a submission without a special power.
The tutors of minors and the curators of persons interdicted or absent, cannot do it without being authorized by the judge.
Amended by Acts 1979, No. 711, §1.
2023 Louisiana Laws › Civil Code › Art. 3105. Duration of power of arbitrators; prescription

Art. 3105. Duration of power of arbitrators; prescription
A. If the submission does not limit any time, the power of the arbitrators may continue in force during three months from the date of the submission, unless the parties agree to revoke it.
B. Prescription is interrupted as to any matter submitted to arbitration from the date of the submission and shall continue until the submission and power given to the arbitrators are put at an end by one of the causes in Article 3132, unless suit has been filed, in which case the provisions of Articles 3462 and 3463 shall apply.
Acts 1984, No. 782, §1.
2023 Louisiana Laws › Civil Code › Art. 3106. Penal clauses in submission.

Art. 3106. Penal clauses in submission.
It is usual to undergo* a penalty of a certain sum of money in the submission, which the person who shall contravene the award, or bring appeal therefrom, shall be bound to pay to the other who is willing to abide by it; but this covenant is not essential, and the submission may subsist without the penalty.
*Note error in English translation of French text; "undergo" should be "impose."
2023 Louisiana Laws › Civil Code › Art. 3107. Capacity of arbitrators.

Art. 3107. Capacity of arbitrators
A. All persons may be arbitrators, except such as are under some incapacity or infirmity, which renders them unfit for that function.
B. Therefore, minors under the age of eighteen years, persons interdicted, those who are deaf and unable to speak, can not be arbitrators.
Acts 2014, No. 811, §30, eff. June 23, 2014.
2023 Louisiana Laws › Civil Code › Art. 3110. Powers of arbitrators and amicable compounders.

Art. 3110. Powers of arbitrators and amicable compounders.
The arbitrators ought to determine as judges, agreeably to the strictness of the law.
Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity.
Amicable compounders are, in other respects, subject to the same rules which are provided for the arbitrators by the present title.
2023 Louisiana Laws › Civil Code › Art. 3125. Award made prior to time specified for examination.

Art. 3125. Award made prior to time specified for examination.
If the submission specifies a certain time for the examination of the cause which the arbitrators are to decide,* they can not give their award till that time is expired.
Amended by Acts 1871, No. 87.
*English translation of French text incomplete; should include "or for the return of documents."
2023 Louisiana Laws › Civil Code › Art. 3128. Interest and costs

Art. 3128. Interest and costs
The arbitrators may likewise pronounce by their award on the interest and costs; but their silence on that subject is not a cause of nullity. If legal interest would have been payable by law from date of judicial demand, such legal interest awarded by the arbitrators shall attach from the date the matter was submitted to arbitration.
Acts 1985, No. 571, §1.
2023 Louisiana Laws › Civil Code › Art. 3130. Appeal from award; prepayment and repayment of penalty.

Art. 3130. Appeal from award; prepayment and repayment of penalty.
He who is not satisfied with the award, may appeal from it, though the parties had renounced such appeal by the submission; but the appellant before being heard on his appeal, ought to pay the penalty stipulated in the submission, if any has been stipulated; and this penalty shall ever be due, though the appellant afterwards renounces his appeal; but if he succeeds to have the award reversed, either in whole or in part, the court who shall pronounce on the appeal, shall order the re-payment of the penalty; but if the award is confirmed, the penalty which has been paid, shall operate no diminution on the amount of the award.
2023 Louisiana Laws › Civil Code › Art. 3132. Termination of arbitration.

Art. 3132. Termination of arbitration.
The submission and power given to the arbitrators are put at an end by one of the following causes:
1. By the expiration of the time limited, either by the submission or by law, though the award should not be yet rendered.
2. By the death of one of the parties or arbitrators.
3. By the final award rendered by the arbitrators.
4. When the parties happen to compromise touching the thing in dispute, or when this thing ceases to exist.
2023 Louisiana Laws › Civil Code › Art. 3133. Liability of an obligor for his obligations

TITLE XX–SECURITY
Art. 3133. Liability of an obligor for his obligations
Whoever is personally bound for an obligation is obligated to fulfill it out of all of his property, movable and immovable, present and future.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3134. Ratable treatment of creditors

Art. 3134. Ratable treatment of creditors
In the absence of a preference authorized or established by legislation, an obligor's property is available to all his creditors for the satisfaction of his obligations, and the proceeds of its sale are distributed ratably among them.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3136. Security defined

Art. 3136. Security defined
Security is an accessory right established by legislation or contract over property, or an obligation undertaken by a person other than the principal obligor, to secure performance of an obligation. It is accessory to the obligation it secures and is transferred with the obligation without a special provision to that effect.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3137. Personal or real security

Art. 3137. Personal or real security
Security is personal or real.
It is personal when it consists of an obligation undertaken to secure performance of the obligation of another.
It is real when it consists of a right of preference established over property of the obligor or of a third person to secure performance of an obligation.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3139. Law governing security interest

Art. 3139. Law governing security interest
Security interest is defined by the Uniform Commercial Code, which specifies the kinds of property susceptible of encumbrance by a security interest and governs the manner of creation of security interests and the rights of the holders of security interests against obligors and third persons.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3140. Nullity of agreement of forfeiture

Art. 3140. Nullity of agreement of forfeiture
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.
2023 Louisiana Laws › Civil Code › Art. 3141. Pledge defined

TITLE XX-A. PLEDGE
CHAPTER 1. GENERAL PROVISIONS
Art. 3141. Pledge defined
Pledge is a real right established by contract over property of the kind described in Article 3142 to secure performance of an obligation.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3142. Property susceptible of pledge

Art. 3142. Property susceptible of pledge
The only things that may be pledged are the following:
(1) A movable that is not susceptible of encumbrance by security interest.
(2) The lessor's rights in the lease of an immovable and its rents.
(3) Things made susceptible of pledge by law.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3143. Pledge of property susceptible of encumbrance by security interest

Art. 3143. Pledge of property susceptible of encumbrance by security interest
A contract by which a person purports to pledge a thing that is susceptible of encumbrance by security interest does not create a pledge under this Title but may be effective to create a security interest in the thing.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3145. Preference afforded by pledge

Art. 3145. Preference afforded by pledge
Pledge gives the pledgee the right to be satisfied from the thing pledged and its fruits in preference to unsecured creditors of the pledgor and to other persons whose rights become effective against the pledgee after the pledge has become effective as to them.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3146. Obligations for which pledge may be given

Art. 3146. Obligations for which pledge may be given
A pledge may be given to secure the performance of any lawful obligation, including obligations that arise in the future. As to all obligations, present and future, secured by the pledge, notwithstanding the nature of the obligations or the date they arise, the pledge has effect between the parties from the time that the requirements for formation of the contract of pledge are satisfied and has effect as to third persons from the time that the applicable requirements of Articles 3153 through 3155 are satisfied.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3147. Pledge securing obligation that is not for the payment of money

Art. 3147. Pledge securing obligation that is not for the payment of money
A pledge that secures an obligation other than one for the payment of money, such as an obligation for the performance of an act, secures the claim of the pledgee for the damages he may suffer from the breach of the obligation.
See Acts 2014, No. 281, §1.
2023 Louisiana Laws › Civil Code › Art. 3148. Pledge securing an obligation of another person

Art. 3148. Pledge securing an obligation of another person
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.
2023 Louisiana Laws › Civil Code › Art. 3149. Formal requirements of contract of pledge

Art. 3149. Formal requirements of contract of pledge
The pledge of a corporeal movable is effective between the parties only if the thing pledged has been delivered to the pledgee or a third person who has agreed to hold the thing for the benefit of the pledgee. The pledge of other things is effective between the parties only if established by written contract, but delivery is not required.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3152. Delivery and possession of thing pledged

Art. 3152. Pledge of a thing not owned
A pledge given over a thing that the pledgor does not own is established when the thing is acquired by the pledgor and the other requirements for the establishment of the pledge have been satisfied.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3154. Things subject to pawn

Art. 3154. Effectiveness against third persons of the pledge of the lease of an immovable
The pledge of the lessor's rights in the lease of an immovable and its rents has effect against third persons in accordance with the provisions of Chapter 2 of this Title.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3155. Incorporeal movables

Art. 3155. Effectiveness against third persons of the pledge of other obligations
If the thing pledged is another person's obligation not arising under the lease of an immovable, the pledge is effective against third persons only from the time that the obligor has actual knowledge of the pledge or has been given notice of it.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3156. Claims against other persons

Art. 3156. Pledgee's right of retention
If the thing pledged has been delivered to the pledgee or a third person for the benefit of the pledgee, the pledgee is not obligated to return it until all secured obligations have been extinguished.
Amended by Acts 1981, No. 315, §1; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3157. Privilege and preference of pledge creditor

Art. 3157. Indivisibility of pledge
The contract of pledge is indivisible, notwithstanding the divisibility of the secured obligations, and the pledgor may not demand return of all or part of the thing pledged until all secured obligations have been extinguished.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3158. Enforcement of pledge of a movable

Art. 3158. Enforcement of pledge of a movable
If agreed in a written contract of pledge of a movable, the pledgee may, upon failure of performance of the secured obligation, dispose of the thing pledged at public auction or by private sale, but he shall act reasonably in disposing of the thing and shall account to the pledgor for any proceeds of the disposition in excess of the amount needed to satisfy the secured obligation. Otherwise, the pledgee may cause the sale of the thing pledged only by having it seized and sold under judicial process.
Amended by Acts 1900, No. 157, §1; Acts 1952, No. 290, §1; Acts 1989, No. 137, §17, eff. June 22, 1989; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3159. Acts of pledge in favor of banks

Art. 3159. Fruits of things pledged
The pledgee is entitled to receive the fruits of the thing pledged and to retain them as security. He may also apply them to the secured obligation, even if not yet due.
Amended by Acts 1900, No. 157, §2; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3160. Pledge of obligation of a third person

Art. 3160. Pledge of obligation of a third person
If the thing pledged is an obligation of a third person, the pledgee is entitled to enforce performance of the third person's obligation when it becomes due and to retain as security any payment or other thing received from the third person. The pledgee may apply any money collected to the secured obligation, even if not yet due. He must account to the pledgor for any payment or other thing remaining after the secured obligation has been satisfied.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3161. Performance by obligor of a pledged obligation

Art. 3161. Performance by obligor of a pledged obligation
A third person obligated on a pledged obligation is bound to render performance to the pledgee only from the time that the pledgor or pledgee notifies him of the pledge and directs him in writing to render performance to the pledgee. Performance that the third person renders to the pledgor before that time extinguishes the pledged obligation and is effective against the pledgee.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3162. Delivery to creditor or to third person

Art. 3162. Defenses available to obligor of a pledged obligation
Unless the obligor of a pledged obligation makes a contrary agreement with the pledgor or pledgee, he may assert against the pledgee any defense arising out of the transaction that gave rise to the pledged obligation. He may also assert against the pledgee any other defense that arises against the pledgor before the obligor has been given written notice of the pledge.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3163. Partial payment of debt secured by pledge of several things

Art. 3163. Clause prohibiting pledge
A clause in a contract restricting the pledge of the rights of a party to payments that are or will become due under the contract, making the pledge or its enforcement a default under the contract, or providing that the other party is excused from performance or may terminate the contract on account of the pledge, is without effect.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3164. Right of retention until payment of debt

Art. 3164. Modification of contract from which a pledged obligation arises
The parties to a contract from which a pledged obligation arises may agree to modify or terminate the contract or to substitute a new contract. If made in good faith, the agreement is effective against the pledgee without his consent. Nevertheless, after written notice of the pledge is given to the obligor of a pledged obligation that has been fully earned by the pledgor's performance, an agreement modifying or extinguishing the pledged obligation is without effect against the pledgee unless made with his consent.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3165. Rights of pledgee on default of debtor; procedure

Art. 3165. Attachment of pledge to obligations arising under modified or substituted contract
Upon the modification of a contract from which a pledged obligation arises, or the substitution of a new contract, the pledge encumbers the corresponding rights of the pledgor under the modified or substituted contract.
Amended by Acts 1872, No. 9; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3166. Ownership of thing pledged

Art. 3166. Modification as default by pledgor
The pledgor and pledgee may agree that a modification or termination of the contract from which a pledged obligation of a third person arises, or the substitution of a new contract, is a default by the pledgor.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3167. Pledgee's liability for loss or decay of thing pledged; reimbursement of expenses of preservation

Art. 3167. Pledgee not bound for pledgor's obligations
In the absence of an assumption by the pledgee, the existence of a pledge does not impose upon the pledgee liability for the pledgor's acts or omissions, nor does it bind the pledgee to perform the pledgor's obligations.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3168. Ownership of fruits of thing pledged

CHAPTER 2. THE PLEDGE OF THE LESSOR'S RIGHTS IN THE
LEASE OF AN IMMOVABLE AND ITS RENTS
Art. 3168. Requirements of contract
A contract establishing a pledge of the lessor's rights in the lease of an immovable and its rents must state precisely the nature and situation of the immovable and must state the amount of the secured obligation or the maximum amount of secured obligations that may be outstanding from time to time.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3169. Imputation of interest earned by credit pledged

Art. 3169. Effectiveness against third persons
The pledge of the lessor's rights in the lease of an immovable and its rents is without effect as to third persons unless the contract establishing the pledge is recorded in the manner prescribed by law.
Nevertheless, the pledge is effective as to the lessee from the time that he is given written notice of the pledge, regardless of whether the contract establishing the pledge has been recorded.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3170. Pledgee's right to enforce payment of credit pledged; imputation of proceeds

Art. 3170. Pledge contained in act of mortgage
A pledge of the lessor's rights in the lease of an immovable and its rents may be established in an act of mortgage of the immovable. In that event, the pledge is given the effect of recordation for so long as the mortgage is given that effect and is extinguished when the mortgage is extinguished.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3171. Indivisibility of pawn as to heirs of debtor and creditor

Art. 3171. Pledge of all or part of the leases of an immovable
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.
2023 Louisiana Laws › Civil Code › Art. 3172. Surplus or deficiency after sale

Art. 3172. Pledge of mineral payments by owner of land or holder of mineral servitude
By express provision in a contract establishing a pledge, the owner of land or holder of a mineral servitude may pledge bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, as well as other payments that are classified as rent under the Mineral Code. Other kinds of payments owing under a contract relating to minerals are not susceptible of pledge under this Title.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3173. Debtor taking pledge without creditor's consent

Art. 3173. Accounting to other pledgees for rent collected
Except as provided in this Article, a pledgee is not bound to account to another pledgee for rent collected.
A pledgee shall account to the holder of a superior pledge for rent the pledgee collects more than one month before it is due and for rent he collects with actual knowledge that the payment of rent to him violated written directions given to the lessee to pay rent to the holder of the superior pledge.
After all secured obligations owed to a pledgee have been extinguished, he shall deliver any remaining rent collected to another pledgee who has made written demand upon him for the rent before he delivers it to the pledgor.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3174. Rights of creditor deceived as to pledge

Art. 3174. Judicial sale prohibited
A pledge of the lessor's rights in the lease of an immovable and its rents does not entitle the pledgee to cause the rights of the lessor to be sold by judicial process. Any clause to the contrary is absolutely null.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3175. Acquisitive prescription of pledge impossible

Art. 3175. Applicability of general rules of pledge
In all matters for which no special provision is made in this Chapter, the pledge of the lessor's rights in the lease of an immovable and its rents is governed by the provisions of Chapter 1 of this Title.
Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
2023 Louisiana Laws › Civil Code › Art. 3191. General privileges on all movables, enumeration and ranking.

SECTION 1--OF GENERAL PRIVILEGES ON MOVABLES
Art. 3191. General privileges on all movables, enumeration and ranking.
The debts which are privileged on all the movables in general, are those hereafter enumerated, and are paid in the following order:
1. Funeral charges.
2. Law charges.
3. Charges, of whatever nature, occasioned by the last sickness, concurrently among those to whom they are due.
4. The wages of servants for the year past, and so much as is due for the current year.
5. Supplies of provisions made to the debtor or his family, during the last six months, by retail dealers, such as bakers, butchers, grocers; and, during the last year, by keepers of boarding houses and taverns.
6. The salaries of clerks, secretaries, and other persons of that kind.
Amended by Acts 1979, No. 711, §1.
2023 Louisiana Laws › Civil Code › Art. 3193. Reduction of funeral charges of insolvent decedent.

Art. 3193. Reduction of funeral charges of insolvent decedent.
If the property of the deceased is so incumbered as not to suffice for the payment of his creditors, the funeral charges may, upon the request of any of them, be reduced by the judge to a reasonable rate, regard being had to the station in life which the deceased held and which his family holds.
2023 Louisiana Laws › Civil Code › Art. 3194. Limitation in event of reduction.

Art. 3194. Limitation in event of reduction.
But, in case of the reduction, the judge can never allow, at the* expense of the estate, on any account whatever, more than Five Hundred Dollars for all the* expenses occasioned by the interment of the deceased.
Amended by Acts 1954, No. 114, §1.
*English translation of French text incomplete; should include "funeral."
2023 Louisiana Laws › Civil Code › Art. 3195. Law charges, definition.

§2--OF LAW CHARGES
Art. 3195. Law charges, definition.
Law charges are such as are occasioned by the prosecution of a suit before the courts. But this name applies more particularly to the costs, which the party cast has to pay to the party gaining the cause. It is in favor of these only that the laws [law] grants the privilege.
2023 Louisiana Laws › Civil Code › Art. 3197. Costs for the general benefit of creditors.

Art. 3197. Costs for the general benefit of creditors.
The cost of affixing seals and making inventories for the better* preservation of the debtor's property, those which occur in cases of failure or cession of property, for the general benefit of creditors, such as fees to lawyers appointed by the court to represent absent creditors, commissions to syndics; and finally, costs incurred for the administration of estates which are either vacant or belonging to absent heirs, enjoy the privileges established in favor of law charges.
*"Better" has no counterpart in French text.
2023 Louisiana Laws › Civil Code › Art. 3200. Chronic sickness.

Art. 3200. Chronic sickness.
But if the sickness with which the deceased was attacked and of which he died, was a chronic disease, the progress of which was slow and which only occasioned death after a long while, then the privilege shall only commence from the time when the malady became so serious as to prevent the deceased from attending to his business and confined him to his bed or chamber.
2023 Louisiana Laws › Civil Code › Art. 3203. Amount due for expenses, fixed by contract or by judge.

Art. 3203. Amount due for expenses, fixed by contract or by judge.
The accounts relating to these expenses must be fixed by the judge, in case of dispute, after hearing testimony as to the value of the services rendered or care afforded, or as to the true value of the medicines supplied, unless there has been a contract between the parties, in which case it must be observed.
2023 Louisiana Laws › Civil Code › Art. 3205. Servants, definition.

§4--OF THE WAGES OF SERVANTS
Art. 3205. Servants, definition.
Servants or domestics are those who receive wages, and stay in the house of the person paying and employing them for his* service or that of his family; such are valets, footmen, cooks, butlers, and others who reside in the house.
*English translation of French text incomplete; should include "personal."
2023 Louisiana Laws › Civil Code › Art. 3207. Wages recoverable but not privileged.

Art. 3207. Wages recoverable but not privileged.
As to the wages of preceding years which may be due, the wages may be recovered, if there is any balanced account, note or obligation of the debtor, but they enjoy no privilege. They form an ordinary debt, for which domestics or servants come in by contribution with other ordinary creditors.
2023 Louisiana Laws › Civil Code › Art. 3214. Clerks and secretaries, extent and rank of privilege for salaries.

§6--OF THE PRIVILEGE OF CLERKS
Art. 3214. Clerks and secretaries, extent and rank of privilege for salaries.
Although clerks, secretaries and other agents of that sort can not be included under the denomination of servants, yet a privilege is granted them for their salaries for the last year elapsed, and so much as has elapsed of the current year. This privilege, however, can not be enforced until after that of the furnishers of provisions.
2023 Louisiana Laws › Civil Code › Art. 3216. Special privileges on movables.

SECTION 2--OF THE PRIVILEGES ON PARTICULAR MOVABLES
Art. 3216. Special privileges on movables.
The privileges enumerated in the preceding section, extend to all the movables of the debtor, without distinction.
There are some which act only on particular movables and no other; and it is of these last that we shall treat in this and the following sections.
2023 Louisiana Laws › Civil Code › Art. 3217. List of special privileges on particular movables.

Art. 3217. List of special privileges on particular movables.
The debts which are privileged on certain movables, are the following:
1. The appointments or salaries of the overseer for the current year, on the crops of the year and the proceeds thereof; debts due for necessary supplies furnished to any farm or plantation, and debts due for money actually advanced and used for the purchase of necessary supplies and the payment of necessary expenses for any farm or plantation, on the crops of the year and the proceeds thereof.
2. The debt of a workman or artisan for the price of his labor, on the movable which he has repaired or made, if the thing continues still in his possession.
3. The rents of immovables and the wages of laborers employed in working the same, on the crops of the year, and on the furniture, which is found in the house let, or on the farm, and on every thing which serves to the working of the farm.
4. The debt, on the pledge which is in the creditor's possession.
5. That of a depositor, on the price of the sale of the thing by him deposited.
6. The debt due for money laid out in preserving the thing.
7. The price due on movable effects, if they are yet in the possession of the purchaser.
8. The things which have been furnished by an innkeeper, on the property of the traveler which has been carried to his inn.
9. The carrier's charges and the accessory expenses, on the thing carried, including necessary charges and expenses paid by carriers; such as taxes, storage and privileged claims required to be paid before moving the thing; and in case the thing carried be lost or destroyed without the fault of the carrier, this privilege for money paid by the carrier shall attach to insurance effected on the thing for the benefit of the owner, provided written notice of the amount so paid by the carrier and for whose account, with a description of the property lost or destroyed, be given to the insurer or his agent within thirty days after the loss, or if it be impracticable to give the notice in that time, it shall be sufficient to give the notice at any time before the money is paid over. The privilege hereinbefore granted to the overseer, the laborers, the furnishers of supplies and the party advancing money necessary to carry on any farm or plantation, shall be concurrent and shall not be divested by any prior mortgage, whether conventional, legal or judicial, or by any seizure and sale of the land while the crop is on it.
The privileges granted by this article, on the growing crop, in favor of the classes of persons mentioned shall be concurrent, except the privilege in favor of the laborer, which shall be ranked as the first privilege on the crop.
2023 Louisiana Laws › Civil Code › Art. 3220. Privilege of pledgee.

§2--OF THE PRIVILEGE OF THE CREDITOR ON
THE THING PLEDGED
Art. 3220. Privilege of pledgee.
The creditor acquires the right of possessing and retaining the movable which he has received in pledge, as a security for his debt, and may cause it to be sold for the payment of the same.
Hence proceeds the privilege which he enjoys on the thing.
2023 Louisiana Laws › Civil Code › Art. 3222. Privilege of depositor on thing deposited.

§3--OF THE PRIVILEGE OF A DEPOSITOR
Art. 3222. Privilege of depositor on thing deposited.
He who deposits a thing in the hands of another still remains the owner of it.
Consequently his claim to it is preferred to that of the other creditors of the depositary, and he may demand the restitution of it,* if he can prove the deposit, in the same manner as is required in agreements for sums of money, and if the thing reclaimed be identically the same which he deposited.
*English translation of French text incomplete; should include "in kind."
2023 Louisiana Laws › Civil Code › Art. 3225. Rights of pledge and retention against owner.

Art. 3225. Rights of pledge and retention against owner.
Against the owner of the thing, his right is in the nature of that of pledge, by virtue of which he may retain the thing until the expenses, which he has incurred, are repaid.
He possesses this qualified right of pledge, even against the creditors of the owner, if they seek to have the thing sold. He may refuse to restore it, unless they either refund his advance, or give him security that the thing shall fetch a sufficient price for that purpose.
2023 Louisiana Laws › Civil Code › Art. 3226. Right of preference against creditors.

Art. 3226. Right of preference against creditors.
Finally, he who has incurred these expenses has a privilege against these same creditors, by virtue of which he has preference over them out of the price of the thing sold, for the amount of such necessary charges as he shall have incurred for its preservation. This is the privilege in question in the present paragraph.
2023 Louisiana Laws › Civil Code › Art. 3227. Vendor's privilege on movables; agricultural products of the United States.

§5--OF THE PRIVILEGE OF THE VENDOR
OF MOVABLE EFFECTS
Art. 3227. Vendor's privilege on movables; agricultural products of the United States.
He who has sold to another any movable property, which is not paid for, has a preference on the price of his property, over the other creditors of the purchaser, whether the sale was made on a credit or without, if the property still remains in the possession of the purchaser.
So that although the vendor may have taken a note, bond or other acknowledgment from the buyer, he still enjoys the privilege.
Any person who may sell the agricultural products of the United States in the city of New Orlenas [Orleans], shall be entitled to a special lien and privilege thereon to secure the payment of the purchase money, for and during the space of five days only, after the day of delivery; within which time the vendor shall be entitled to seize the same in whatsoever hands or place they may be found, and his claim for the purchase money shall have preference over all others. If the vendor gives a written order for the delivery of any such products and shall say therein that they are to be delivered without vendor's privilege, then no lien shall attach thereto.
2023 Louisiana Laws › Civil Code › Art. 3228. Loss of privilege by sale with other property of purchaser.

Art. 3228. Loss of privilege by sale with other property of purchaser.
But if he allows the things to be sold, confusedly with a mass of other things belonging to the purchaser, without making his claim, he shall lose the privilege, because it will not be possible in such a case to ascertain what price they brought.
2023 Louisiana Laws › Civil Code › Art. 3229. Vendor's claim for restitution.

Art. 3229. Vendor's claim for restitution.
If the sale was not made on credit, the seller may even claim back the things in kind, which were thus sold, as long as they are in possession of the purchaser, and prevent the resale of them; provided the claim for restitution be made within eight days of the delivery at farthest, and that the identity of the objects be established.
2023 Louisiana Laws › Civil Code › Art. 3230. Restitution dependent on identification.

Art. 3230. Restitution dependent on identification.
When the things reclaimed consist in merchandise, which is sold in bales, packages or cases, the claim shall not be admitted if they have been untied, unpacked or taken out of the cases and mixed with other things of the same nature belonging to the purchaser, so that their identity can no longer be established.
2023 Louisiana Laws › Civil Code › Art. 3233. Innkeepers' rights on property of guests.

Art. 3233. Innkeepers' rights on property of guests.
Innkeepers and all others who let lodgings or receive or take boarders have a privilege, or more properly, a right of pledge on the property of all persons who take their board or lodging with them, by virtue of which they may retain property, and have it sold, to obtain payment of what such persons may owe them on either accounts above mentioned and this privilege shall extend to extras not to exceed Ten ($10) Dollars supplied by the proprietors of hotels, inns and boarding house keepers.
Amended by Acts 1896, No. 29; Acts 1898, No. 110.
2023 Louisiana Laws › Civil Code › Art. 3234. Property covered by innkeepers' privilege.

Art. 3234. Property covered by innkeepers' privilege.
Innkeepers, hotel, boarding house and lodging house keepers enjoy this privilege on all the property which the sojourner has brought to their place, whether it belongs to him or not, because the property so brought into their place has become pledged to them by the mere fact of its introduction into their place.
Amended by Acts 1896, No. 35.
2023 Louisiana Laws › Civil Code › Art. 3236. Sale or donation of unclaimed and unredeemed property, procedure.

Art. 3236. Sale or donation of unclaimed and unredeemed property, procedure.
Whenever any trunk, carpetbag, valise, box, bundle or other baggage which shall hereafter come into the possession of the keeper of any hotel, motel, inn, boarding or lodging house, as such, and shall remain unclaimed or unredeemed for the period of six months, such keeper may proceed to sell the same at public auction, and without judicial proceedings, and out of the proceeds of such sale may retain the amount due him for board, lodging and extras, and the charges for storage, if any, and the expense of advertising and sale thereof, but no such sale shall be made until the expiration of four weeks from the publication of notice of such sale in a newspaper published in or nearest the city, town, village or place in which said hotel, motel, inn, boarding or lodging house is situated. Said notice shall be published once, in some newspaper, daily or weekly, of general circulation, and shall contain a description of each trunk, carpetbag, valise, box, bundle or other baggage as near as may be; the name of the owner, if known; the name of the keeper, and the time and place of sale. The expense incurred for advertising shall be a lien upon such trunk, carpetbag, valise, box, bundle or other baggage in a ratable proportion according to the value of such property, or thing or article sold. In case any balance arising upon such sale shall not be claimed by the rightful owner within one week from the day of said sale the same shall be paid to any authorized charity or state institution.
Alternatively, the hotel, motel, inn, boarding house, or lodging house at its discretion may store the unclaimed or unredeemed possessions for six months and at the expiration of this period donate, give or turn them over to an authorized charity, or state institution.
Amended by Acts 1896, No. 28; Acts 1974, No. 713, §1.
2023 Louisiana Laws › Civil Code › Art. 3237. Privileges on ships and vessels, enumeration and ranking; prescription.

SECTION 3--OF THE PRIVILEGE ON SHIPS AND MERCHANDISE
Art. 3237. Privileges on ships and vessels, enumeration and ranking; prescription.
The following debts are privileged on the price of ships and other vessels, in the order in which they are placed:
1. Legal and other charges incurred to obtain the sale of a ship or other vessel, and the distribution of the price.
2. Debts for pilotage, towage, wharfage and anchorage.
3. The expenses of keeping the vessel from the time of her entrance into port until sale, including the wages of persons employed to watch her.
4. The rent of stores, in which the rigging and apparel are deposited.
5. The maintenance of the ship and her tackle and apparatus, since her return into port from her last voyage.
6. The wages of the captain and crew employed on the last voyage.
7. Sums lent to the captain for the necessities of the ship during the last voyage, and reimbursement of the price of merchandise sold by him for the same purpose.
8. Sums due to sellers, to those who have furnished materials and to workmen employed in the construction, if the vessel has never made a voyage; and those due to creditors for supplies, labor, repairing, victuals, armament and equipment, previous to the departure of the ship, if she has already made a voyage.
9. Money lent on bottomry for refitting, victualing, arming and equipping the vessel before her departure.
10. The premiums due for insurance made on the vessel, tackle and apparel, and on the armament and equipment of the ship.
11. The amount of damage due to freighters for the failure in delivering goods which they have shipped, or for the reimbursement of damage sustained by the goods through the fault of the captain or crew.
12. Where any loss or damage has been caused to the person or property of any individual by any carelessness, neglect or want of skill in the direction or management of any steamboat, barge, flatboat, water craft or raft, the party injured shall have a privilege to rank after the privileges above specified.
The term of prescription of privileges against ships, steamboats and other vessels shall be six months.