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2023 Louisiana Laws › Civil Code › Art. 1836. Act under private signature duly acknowledged

Art. 1836. Act under private signature duly acknowledged
An act under private signature is regarded prima facie as the true and genuine act of a party executing it when his signature has been acknowledged, and the act shall be admitted in evidence without further proof.
An act under private signature may be acknowledged by a party to that act by recognizing the signature as his own before a court, or before a notary public, or other officer authorized to perform that function, in the presence of two witnesses. An act under private signature may be acknowledged also in any other manner authorized by law.
Nevertheless, an act under private signature, though acknowledged, cannot substitute for an authentic act when the law prescribes such an act.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1838. Party must acknowledge or deny signature

Art. 1838. Party must acknowledge or deny signature
A party against whom an act under private signature is asserted must acknowledge his signature or deny that it is his.
In case of denial, any means of proof may be used to establish that the signature belongs to that party.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1839. Transfer of immovable property

Art. 1839. Transfer of immovable property
A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.
An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1841. Copy of recorded writing

Art. 1841. Copy of recorded writing
When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1842. Confirmation

Art. 1842. Confirmation
Confirmation is a declaration whereby a person cures the relative nullity of an obligation.
An express act of confirmation must contain or identify the substance of the obligation and evidence the intention to cure its relative nullity.
Tacit confirmation may result from voluntary performance of the obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1843. Ratification

Art. 1843. Ratification
Ratification is a declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority.
An express act of ratification must evidence the intention to be bound by the ratified obligation.
Tacit ratification results when a person, with knowledge of an obligation incurred on his behalf by another, accepts the benefit of that obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1845. Confirmation of donation

Art. 1845. Confirmation of donation
A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation.
The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1846. Contract not in excess of five hundred dollars

Art. 1846. Contract not in excess of five hundred dollars
When a writing is not required by law, a contract not reduced to writing, for a price or, in the absence of a price, for a value not in excess of five hundred dollars may be proved by competent evidence.
If the price or value is in excess of five hundred dollars, the contract must be proved by at least one witness and other corroborating circumstances.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1847. Debt of a third person and debt extinguished by prescription

Art. 1847. Debt of a third person and debt extinguished by prescription
Parol evidence is inadmissible to establish either a promise to pay the debt of a third person or a promise to pay a debt extinguished by prescription.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1848. Testimonial or other evidence not admitted to disprove a writing

Art. 1848. Testimonial or other evidence not admitted to disprove a writing
Testimonial or other evidence may not be admitted to negate or vary the contents of an authentic act or an act under private signature. Nevertheless, in the interest of justice, that evidence may be admitted to prove such circumstances as a vice of consent or to prove that the written act was modified by a subsequent and valid oral agreement.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2012, No. 277, §1.
2023 Louisiana Laws › Civil Code › Art. 1849. Proof of simulation

Art. 1849. Proof of simulation
In all cases, testimonial or other evidence may be admitted to prove the existence or a presumption of a simulation or to rebut such a presumption. Nevertheless, between the parties, a counterletter is required to prove that an act purporting to transfer immovable property is an absolute simulation, except when a simulation is presumed or as necessary to protect the rights of forced heirs.
Acts 2012, No. 277, §1.
2023 Louisiana Laws › Civil Code › Art. 1853. Judicial confession

Art. 1853. Judicial confession
A judicial confession is a declaration made by a party in a judicial proceeding. That confession constitutes full proof against the party who made it.
A judicial confession is indivisible and it may be revoked only on the ground of error of fact.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1855. Performance by a third person

Art. 1855. Performance by a third person
Performance may be rendered by a third person, even against the will of the obligee, unless the obligor or the obligee has an interest in performance only by the obligor.
Performance rendered by a third person effects subrogation only when so provided by law or by agreement.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1857. Performance rendered to the obligee

Art. 1857. Performance rendered to the obligee
Performance must be rendered to the obligee or to a person authorized by him.
However, a performance rendered to an unauthorized person is valid if the obligee ratifies it.
In the absence of ratification, a performance rendered to an unauthorized person is valid if the obligee has derived a benefit from it, but only for the amount of the benefit.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1859. Performance in violation of seizure

Art. 1859. Performance in violation of seizure
A performance rendered to an obligee in violation of a seizure is not valid against the seizing creditor who, according to his right, may force the obligor to perform again.
In that case, the obligor may recover the first performance from the obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1861. Partial performance

Art. 1861. Partial performance
An obligee may refuse to accept a partial performance.
Nevertheless, if the amount of an obligation to pay money is disputed in part and the obligor is willing to pay the undisputed part, the obligee may not refuse to accept that part. If the obligee is willing to accept the undisputed part, the obligor must pay it. In either case, the obligee preserves his right to claim the disputed part.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1862. Place of performance

Art. 1862. Place of performance
Performance shall be rendered in the place either stipulated in the agreement or intended by the parties according to usage, the nature of the performance, or other circumstances.
In the absence of agreement or other indication of the parties' intent, performance of an obligation to give an individually determined thing shall be rendered at the place the thing was when the obligation arose. If the obligation is of any other kind, the performance shall be rendered at the domicile of the obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1864. Imputation by obligor

SUBSECTION A. IMPUTATION OF PAYMENT
Art. 1864. Imputation by obligor
An obligor who owes several debts to an obligee has the right to impute payment to the debt he intends to pay.
The obligor's intent to pay a certain debt may be expressed at the time of payment or may be inferred from circumstances known to the obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1866. Payment imputed to interest

Art. 1866. Payment imputed to interest
An obligor of a debt that bears interest may not, without the obligee's consent, impute a payment to principal when interest is due.
A payment made on principal and interest must be imputed first to interest.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1868. Imputation not made by the parties

Art. 1868. Imputation not made by the parties
When the parties have made no imputation, payment must be imputed to the debt that is already due.
If several debts are due, payment must be imputed to the debt that bears interest.
If all, or none, of the debts that are due bear interest, payment must be imputed to the debt that is secured.
If several unsecured debts bear interest, payment must be imputed to the debt that, because of the rate of interest, is most burdensome to the obligor.
If several secured debts bear no interest, payment must be imputed to the debt that, because of the nature of the security, is most burdensome to the obligor.
If the obligor had the same interest in paying all debts, payment must be imputed to the debt that became due first.
If all debts are of the same nature and became due at the same time, payment must be proportionally imputed to all.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1869. Offer to perform and deposit by obligor

SUBSECTION B. TENDER AND DEPOSIT
Art. 1869. Offer to perform and deposit by obligor
When the object of the performance is the delivery of a thing or a sum of money and the obligee, without justification, fails to accept the performance tendered by the obligor, the tender, followed by deposit to the order of the court, produces all the effects of a performance from the time the tender was made if declared valid by the court.
A valid tender is an offer to perform according to the nature of the obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1870. Notice as tender

Art. 1870. Notice as tender
If the obligor knows or has reason to know that the obligee will refuse the performance, or when the object of the performance is the delivery of a thing or a sum of money at a place other than the obligee's domicile, a notice given to the obligee that the obligor is ready to perform has the same effect as a tender.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1871. Deposit of things by obligor

Art. 1871. Deposit of things by obligor
After the tender has been refused, the obligor may deposit the thing or the sum of money to the order of the court in a place designated by the court for that purpose, and may demand judgment declaring the performance valid.
If the deposit is accepted by the obligee, or if the court declares the performance valid, all expenses of the deposit must be borne by the obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1872. Sale of a thing and deposit of proceeds

Art. 1872. Sale of a thing and deposit of proceeds
If performance consists of the delivery of a perishable thing, or of a thing whose deposit and custody are excessively costly in proportion to its value, the court may order the sale of the thing under the conditions that it may direct, and the deposit of the proceeds.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1873. Obligor not liable when failure caused by fortuitous event

SECTION 2. IMPOSSIBILITY OF PERFORMANCE
Art. 1873. Obligor not liable when failure caused by fortuitous event
An obligor is not liable for his failure to perform when it is caused by a fortuitous event that makes performance impossible.
An obligor is, however, liable for his failure to perform when he has assumed the risk of such a fortuitous event.
An obligor is liable also when the fortuitous event occurred after he has been put in default.
An obligor is likewise liable when the fortuitous event that caused his failure to perform has been preceded by his fault, without which the failure would not have occurred.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1874. Fortuitous event that would have destroyed object in hands of obligee

Art. 1874. Fortuitous event that would have destroyed object in hands of obligee
An obligor who had been put in default when a fortuitous event made his performance impossible is not liable for his failure to perform if the fortuitous event would have likewise destroyed the object of the performance in the hands of the obligee had performance been timely rendered.
That obligor is, however, liable for the damage caused by his delay.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1877. Fortuitous event that has made performance impossible in part

Art. 1877. Fortuitous event that has made performance impossible in part
When a fortuitous event has made a party's performance impossible in part, the court may reduce the other party's counterperformance proportionally, or, according to the circumstances, may declare the contract dissolved.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1878. Fortuitous event after obligor performed in part

Art. 1878. Fortuitous event after obligor performed in part
If a contract is dissolved because of a fortuitous event that occurred after an obligor has performed in part, the obligee is bound but only to the extent that he was enriched by the obligor's partial performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1881. Objective novation

Art. 1881. Objective novation
Novation takes place when, by agreement of the parties, a new performance is substituted for that previously owed, or a new cause is substituted for that of the original obligation. If any substantial part of the original performance is still owed, there is no novation.
Novation takes place also when the parties expressly declare their intention to novate an obligation.
Mere modification of an obligation, made without intention to extinguish it, does not effect a novation. The execution of a new writing, the issuance or renewal of a negotiable instrument, or the giving of new securities for the performance of an existing obligation are examples of such a modification.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1882. Subjective novation

Art. 1882. Subjective novation
Novation takes place when a new obligor is substituted for a prior obligor who is discharged by the obligee. In that case, the novation is accomplished even without the consent of the prior obligor, unless he had an interest in performing the obligation himself.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1883. No effect when obligation is invalid

Art. 1883. No effect when obligation is invalid
Novation has no effect when the obligation it purports to extinguish does not exist or is absolutely null.
If the obligation is only relatively null, the novation is valid, provided the obligor of the new one knew of the defect of the extinguished obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1885. Novation of solidary obligation

Art. 1885. Novation of solidary obligation
A novation made by the obligee and one of the obligors of a solidary obligation releases the other solidary obligors.
In that case, the security given for the performance of the extinguished obligation may be retained by the obligee only on property of that obligor with whom the novation has been made.
If the obligee requires that the other co-obligors remain solidarily bound, there is no novation unless the co-obligors consent to the new obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1886. Delegation of performance

Art. 1886. Delegation of performance
A delegation of performance by an obligor to a third person is effective when that person binds himself to perform.
A delegation effects a novation only when the obligee expressly discharges the original obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1887. Discharge of any prior obligor does not affect security

Art. 1887. Discharge of any prior obligor does not affect security
If the new obligor has assumed the obligation and acquired the thing given as security, the discharge of any prior obligor by the obligee does not affect the security or its rank.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1890. Remission effective when communication is received by the obligor

Art. 1890. Remission effective when communication is received by the obligor
A remission of debt is effective when the obligor receives the communication from the obligee. Acceptance of a remission is always presumed unless the obligor rejects the remission within a reasonable time.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1892. Remission granted to sureties

Art. 1892. Remission granted to sureties
Remission of debt granted to the principal obligor releases the sureties.
Remission of debt granted to the sureties does not release the principal obligor.
Remission of debt granted to one surety releases the other sureties only to the extent of the contribution the other sureties might have recovered from the surety to whom the remission was granted.
If the obligee grants a remission of debt to a surety in return for an advantage, that advantage will be imputed to the debt, unless the surety and the obligee agree otherwise.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1893. Compensation extinguishes obligations

SECTION 5. COMPENSATION
Art. 1893. Compensation extinguishes obligations
Compensation takes place by operation of law when two persons owe to each other sums of money or quantities of fungible things identical in kind, and these sums or quantities are liquidated and presently due.
In such a case, compensation extinguishes both obligations to the extent of the lesser amount.
Delays of grace do not prevent compensation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1894. Obligation not subject to compensation

Art. 1894. Obligation not subject to compensation
Compensation takes place regardless of the sources of the obligations.
Compensation does not take place, however, if one of the obligations is to return a thing of which the owner has been unjustly dispossessed, or is to return a thing given in deposit or loan for use, or if the object of one of the obligations is exempt from seizure.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1895. Obligations not to be performed at the same place

Art. 1895. Obligations not to be performed at the same place
Compensation takes place even though the obligations are not to be performed at the same place, but allowance must be made in that case for the expenses of remittance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1897. Compensation extinguishes obligation of surety

Art. 1897. Compensation extinguishes obligation of surety
Compensation between obligee and principal obligor extinguishes the obligation of a surety.
Compensation between obligee and surety does not extinguish the obligation of the principal obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1898. Compensation between obligee and solidary obligor

Art. 1898. Compensation between obligee and solidary obligor
Compensation between the obligee and one solidary obligor extinguishes the obligation of the other solidary obligors only for the portion of that obligor.
Compensation between one solidary obligee and the obligor extinguishes the obligation only for the portion of that obligee.
The compensation provided in this Article does not operate in favor of a liability insurer.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1900. Assignment by obligee

Art. 1900. Assignment by obligee
An obligor who has consented to an assignment of the credit by the obligee to a third party may not claim against the latter any compensation that otherwise he could have claimed against the former.
An obligor who has been given notice of an assignment to which he did not consent may not claim compensation against the assignee for an obligation of the assignor arising after that notice.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1904. Obligation of the surety

Art. 1904. Obligation of the surety
Confusion of the qualities of obligee and obligor in the person of the principal obligor extinguishes the obligation of the surety.
Confusion of the qualities of obligee and obligor in the person of the surety does not extinguish the obligation of the principal obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1905. Solidary obligations

Art. 1905. Solidary obligations
If a solidary obligor becomes an obligee, confusion extinguishes the obligation only for the portion of that obligor.
If a solidary obligee becomes an obligor, confusion extinguishes the obligation only for the portion of that obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1908. Bilateral or synallagmatic contracts

Art. 1908. Bilateral or synallagmatic contracts
A contract is bilateral, or synallagmatic, when the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1913. Principal and accessory contracts

Art. 1913. Principal and accessory contracts
A contract is accessory when it is made to provide security for the performance of an obligation. Suretyship, mortgage, pledge, and other types of security agreements are examples of such a contract.
When the secured obligation arises from a contract, either between the same or other parties, that contract is the principal contract.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1989, No. 137, §16, eff. Sept. 1, 1989.
2023 Louisiana Laws › Civil Code › Art. 1918. General statement of capacity

CHAPTER 2. CONTRACTUAL CAPACITY AND EXCEPTIONS
Art. 1918. General statement of capacity
All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1920. Right to require confirmation or rescission of the contract

Art. 1920. Right to require confirmation or rescission of the contract
Immediately after discovering the incapacity, a party, who at the time of contracting was ignorant of the incapacity of the other party, may require from that party, if the incapacity has ceased, or from the legal representative if it has not, that the contract be confirmed or rescinded.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1921. Rescission of contract for incapacity

Art. 1921. Rescission of contract for incapacity
Upon rescission of a contract on the ground of incapacity, each party or his legal representative shall restore to the other what he has received thereunder. When restoration is impossible or impracticable, the court may award compensation to the party to whom restoration cannot be made.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1923. Incapacity of unemancipated minor; exceptions

Art. 1923. Incapacity of unemancipated minor; exceptions
A contract by an unemancipated minor may be rescinded on grounds of incapacity except when made for the purpose of providing the minor with something necessary for his support or education, or for a purpose related to his business.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1924. Mere representation of majority; reliance

Art. 1924. Mere representation of majority; reliance
The mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. When the other party reasonably relies on the minor's representation of majority, the contract may not be rescinded.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1925. Noninterdicted person deprived of reason; protection of innocent contracting party by onerous title

Art. 1925. Noninterdicted person deprived of reason; protection of innocent contracting party by onerous title
A noninterdicted person, who was deprived of reason at the time of contracting, may obtain rescission of an onerous contract upon the ground of incapacity only upon showing that the other party knew or should have known that person's incapacity.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1926. Attack on noninterdicted decedent's contracts

Art. 1926. Attack on noninterdicted decedent's contracts
A contract made by a noninterdicted person deprived of reason at the time of contracting may be attacked after his death, on the ground of incapacity, only when the contract is gratuitous, or it evidences lack of understanding, or was made within thirty days of his death, or when application for interdiction was filed before his death.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1927. Consent

CHAPTER 3. CONSENT
Art. 1927. Consent
A contract is formed by the consent of the parties established through offer and acceptance.
Unless the law prescribes a certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is clearly indicative of consent.
Unless otherwise specified in the offer, there need not be conformity between the manner in which the offer is made and the manner in which the acceptance is made.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1928. Irrevocable offer

Art. 1928. Irrevocable offer
An offer that specifies a period of time for acceptance is irrevocable during that time.
When the offeror manifests an intent to give the offeree a delay within which to accept, without specifying a time, the offer is irrevocable for a reasonable time.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1932. Expiration of offer by death or incapacity of either party

Art. 1932. Expiration of offer by death or incapacity of either party
An offer expires by the death or incapacity of the offeror or the offeree before it has been accepted.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1935. Time when acceptance of a revocable offer is effective

Art. 1935. Time when acceptance of a revocable offer is effective
Unless otherwise specified by the offer or the law, an acceptance of a revocable offer, made in a manner and by a medium suggested by the offer or in a reasonable manner and by a reasonable medium, is effective when transmitted by the offeree.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1936. Reasonableness of manner and medium of acceptance

Art. 1936. Reasonableness of manner and medium of acceptance
A medium or a manner of acceptance is reasonable if it is the one used in making the offer or one customary in similar transactions at the time and place the offer is received, unless circumstances known to the offeree indicate otherwise.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1938. Reception of revocation, rejection, or acceptance

Art. 1938. Reception of revocation, rejection, or acceptance
A written revocation, rejection, or acceptance is received when it comes into the possession of the addressee or of a person authorized by him to receive it, or when it is deposited in a place the addressee has indicated as the place for this or similar communications to be deposited for him.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1939. Acceptance by performance

Art. 1939. Acceptance by performance
When an offeror invites an offeree to accept by performance and, according to usage or the nature or the terms of the contract, it is contemplated that the performance will be completed if commenced, a contract is formed when the offeree begins the requested performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1940. Acceptance only by completed performance

Art. 1940. Acceptance only by completed performance
When, according to usage or the nature of the contract, or its own terms, an offer made to a particular offeree can be accepted only by rendering a completed performance, the offeror cannot revoke the offer, once the offeree has begun to perform, for the reasonable time necessary to complete the performance. The offeree, however, is not bound to complete the performance he has begun.
The offeror's duty of performance is conditional on completion or tender of the requested performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1941. Notice of commencement of performance

Art. 1941. Notice of commencement of performance
When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1945. Revocation of an offer of reward made to the public

Art. 1945. Revocation of an offer of reward made to the public
An offer of reward made to the public may be revoked before completion of the requested act, provided the revocation is made by the same or an equally effective means as the offer.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1946. Performance by several persons

Art. 1946. Performance by several persons
Unless otherwise stipulated in the offer made to the public, or otherwise implied from the nature of the act, when several persons have performed the requested act, the reward belongs to the first one giving notice of his completion of performance to the offeror.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1950. Error that concerns cause

Art. 1950. Error that concerns cause
Error may concern a cause when it bears on the nature of the contract, or the thing that is the contractual object or a substantial quality of that thing, or the person or the qualities of the other party, or the law, or any other circumstance that the parties regarded, or should in good faith have regarded, as a cause of the obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1952. Rescission; liability for damages

Art. 1952. Rescission; liability for damages
A party who obtains rescission on grounds of his own error is liable for the loss thereby sustained by the other party unless the latter knew or should have known of the error.
The court may refuse rescission when the effective protection of the other party's interest requires that the contract be upheld. In that case, a reasonable compensation for the loss he has sustained may be granted to the party to whom rescission is refused.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1953. Fraud may result from misrepresentation or from silence

SECTION 2. FRAUD
Art. 1953. Fraud may result from misrepresentation or from silence
Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1954. Confidence between the parties

Art. 1954. Confidence between the parties
Fraud does not vitiate consent when the party against whom the fraud was directed could have ascertained the truth without difficulty, inconvenience, or special skill.
This exception does not apply when a relation of confidence has reasonably induced a party to rely on the other's assertions or representations.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1959. Nature

SECTION 3. DURESS
Art. 1959. Nature
Consent is vitiated when it has been obtained by duress of such a nature as to cause a reasonable fear of unjust and considerable injury to a party's person, property, or reputation.
Age, health, disposition, and other personal circumstances of a party must be taken into account in determining reasonableness of the fear.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1960. Duress directed against third persons

Art. 1960. Duress directed against third persons
Duress vitiates consent also when the threatened injury is directed against the spouse, an ascendant, or descendant of the contracting party.
If the threatened injury is directed against other persons, the granting of relief is left to the discretion of the court.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1962. Threat of exercising a right

Art. 1962. Threat of exercising a right
A threat of doing a lawful act or a threat of exercising a right does not constitute duress.
A threat of doing an act that is lawful in appearance only may constitute duress.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1963. Contract with party in good faith

Art. 1963. Contract with party in good faith
A contract made with a third person to secure the means of preventing threatened injury may not be rescinded for duress if that person is in good faith and not in collusion with the party exerting duress.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1964. Damages

Art. 1964. Damages
When rescission is granted because of duress exerted or known by a party to the contract, the other party may recover damages and attorney fees.
When rescission is granted because of duress exerted by a third person, the parties to the contract who are innocent of the duress may recover damages and attorney fees from the third person.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1967. Cause defined; detrimental reliance

Art. 1967. Cause defined; detrimental reliance
Cause is the reason why a party obligates himself.
A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee's reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1968. Unlawful cause

Art. 1968. Unlawful cause
The cause of an obligation is unlawful when the enforcement of the obligation would produce a result prohibited by law or against public policy.
Examples of obligations with unlawful causes include those that arise from gaming, gambling, and wagering not authorized by law.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2019, No. 106, §1.
2023 Louisiana Laws › Civil Code › Art. 1974. Determination by third person

Art. 1974. Determination by third person
If the determination of the quantity of the object has been left to the discretion of a third person, the quantity of an object is determinable.
If the parties fail to name a person, or if the person named is unable or unwilling to make the determination, the quantity may be determined by the court.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1977. Obligation or performance by a third person

Art. 1977. Obligation or performance by a third person
The object of a contract may be that a third person will incur an obligation or render a performance.
The party who promised that obligation or performance is liable for damages if the third person does not bind himself or does not perform.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1978. Stipulation for a third party

CHAPTER 7. THIRD PARTY BENEFICIARY
Art. 1978. Stipulation for a third party
A contracting party may stipulate a benefit for a third person called a third party beneficiary.
Once the third party has manifested his intention to avail himself of the benefit, the parties may not dissolve the contract by mutual consent without the beneficiary's agreement.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1979. Revocation

Art. 1979. Revocation
The stipulation may be revoked only by the stipulator and only before the third party has manifested his intention of availing himself of the benefit.
If the promisor has an interest in performing, however, the stipulation may not be revoked without his consent.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1981. Rights of beneficiary and stipulator

Art. 1981. Rights of beneficiary and stipulator
The stipulation gives the third party beneficiary the right to demand performance from the promisor.
Also the stipulator, for the benefit of the third party, may demand performance from the promisor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1983. Law for the parties; performance in good faith

CHAPTER 8. EFFECTS OF CONVENTIONAL OBLIGATIONS
SECTION 1. GENERAL EFFECTS OF CONTRACTS
Art. 1983. Law for the parties; performance in good faith
Contracts have the effect of law for the parties and may be dissolved only through the consent of the parties or on grounds provided by law. Contracts must be performed in good faith.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1986. Right of the obligee

SECTION 2. SPECIFIC PERFORMANCE
Art. 1986. Right of the obligee
Upon an obligor's failure to perform an obligation to deliver a thing, or not to do an act, or to execute an instrument, the court shall grant specific performance plus damages for delay if the obligee so demands. If specific performance is impracticable, the court may allow damages to the obligee.
Upon a failure to perform an obligation that has another object, such as an obligation to do, the granting of specific performance is at the discretion of the court.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1989. Damages for delay

SECTION 3. PUTTING IN DEFAULT
Art. 1989. Damages for delay
Damages for delay in the performance of an obligation are owed from the time the obligor is put in default.
Other damages are owed from the time the obligor has failed to perform.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1990. Obligor put in default by arrival of term

Art. 1990. Obligor put in default by arrival of term
When a term for the performance of an obligation is either fixed, or is clearly determinable by the circumstances, the obligor is put in default by the mere arrival of that term. In other cases, the obligor must be put in default by the obligee, but not before performance is due.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1991. Manners of putting in default

Art. 1991. Manners of putting in default
An obligee may put the obligor in default by a written request of performance, or by an oral request of performance made before two witnesses, or by filing suit for performance, or by a specific provision of the contract.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1992. Risk devolves upon the obligor

Art. 1992. Risk devolves upon the obligor
If an obligee bears the risk of the thing that is the object of the performance, the risk devolves upon the obligor who has been put in default for failure to deliver that thing.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1994. Obligor liable for failure to perform

SECTION 4. DAMAGES
Art. 1994. Obligor liable for failure to perform
An obligor is liable for the damages caused by his failure to perform a conventional obligation.
A failure to perform results from nonperformance, defective performance, or delay in performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 1998. Damages for nonpecuniary loss

Art. 1998. Damages for nonpecuniary loss
Damages for nonpecuniary loss may be recovered when the contract, because of its nature, is intended to gratify a nonpecuniary interest and, because of the circumstances surrounding the formation or the nonperformance of the contract, the obligor knew, or should have known, that his failure to perform would cause that kind of loss.
Regardless of the nature of the contract, these damages may be recovered also when the obligor intended, through his failure, to aggrieve the feelings of the obligee.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2000. Damages for delay measured by interest; no need of proof; attorney fees

Art. 2000. Damages for delay measured by interest; no need of proof; attorney fees
When the object of the performance is a sum of money, damages for delay in performance are measured by the interest on that sum from the time it is due, at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest as fixed by R.S. 9:3500. The obligee may recover these damages without having to prove any loss, and whatever loss he may have suffered he can recover no more. If the parties, by written contract, have expressly agreed that the obligor shall also be liable for the obligee's attorney fees in a fixed or determinable amount, the obligee is entitled to that amount as well.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1985, No. 137, §1, eff. July 3, 1985; Acts 1987, No. 883, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005.
NOTE: SEE ACTS 1985, NO. 137, §2.
2023 Louisiana Laws › Civil Code › Art. 2002. Reasonable efforts to mitigate damages

Art. 2002. Reasonable efforts to mitigate damages
An obligee must make reasonable efforts to mitigate the damage caused by the obligor's failure to perform. When an obligee fails to make these efforts, the obligor may demand that the damages be accordingly reduced.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2003. Obligee in bad faith

Art. 2003. Obligee in bad faith
An obligee may not recover damages when his own bad faith has caused the obligor's failure to perform or when, at the time of the contract, he has concealed from the obligor facts that he knew or should have known would cause a failure.
If the obligee's negligence contributes to the obligor's failure to perform, the damages are reduced in proportion to that negligence.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2004. Clause that excludes or limits liability

Art. 2004. Clause that excludes or limits liability
Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2005. Secondary obligation

SECTION 5. STIPULATED DAMAGES
Art. 2005. Secondary obligation
Parties may stipulate the damages to be recovered in case of nonperformance, defective performance, or delay in performance of an obligation.
That stipulation gives rise to a secondary obligation for the purpose of enforcing the principal one.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2009. Obligee not bound to prove damage

Art. 2009. Obligee not bound to prove damage
An obligee who avails himself of a stipulated damages clause need not prove the actual damage caused by the obligor's nonperformance, defective performance, or delay in performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2013. Obligee's right to dissolution

CHAPTER 9. DISSOLUTION
Art. 2013. Obligee's right to dissolution
When the obligor fails to perform, the obligee has a right to the judicial dissolution of the contract or, according to the circumstances, to regard the contract as dissolved. In either case, the obligee may recover damages.
In an action involving judicial dissolution, the obligor who failed to perform may be granted, according to the circumstances, an additional time to perform.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2015. Dissolution after notice to perform

Art. 2015. Dissolution after notice to perform
Upon a party's failure to perform, the other may serve him a notice to perform within a certain time, with a warning that, unless performance is rendered within that time, the contract shall be deemed dissolved. The time allowed for that purpose must be reasonable according to the circumstances.
The notice to perform is subject to the requirements governing a putting of the obligor in default and, for the recovery of damages for delay, shall have the same effect as a putting of the obligor in default.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2016. Dissolution without notice to perform

Art. 2016. Dissolution without notice to perform
When a delayed performance would no longer be of value to the obligee or when it is evident that the obligor will not perform, the obligee may regard the contract as dissolved without any notice to the obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2017. Express dissolution clause

Art. 2017. Express dissolution clause
The parties may expressly agree that the contract shall be dissolved for the failure to perform a particular obligation. In that case, the contract is deemed dissolved at the time it provides for or, in the absence of such a provision, at the time the obligee gives notice to the obligor that he avails himself of the dissolution clause.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2018. Effects of dissolution

Art. 2018. Effects of dissolution
Upon dissolution of a contract, the parties shall be restored to the situation that existed before the contract was made. If restoration in kind is impossible or impracticable, the court may award damages.
If partial performance has been rendered and that performance is of value to the party seeking to dissolve the contract, the dissolution does not preclude recovery for that performance, whether in contract or quasi-contract.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.