reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 2831. Termination of the partnership; rights of third parties.

Art. 2831. Termination of the partnership; rights of third parties.
The termination of a partnership, for any reason, does not affect the rights of a third person in good faith who transacts business with a partner or a mandatary acting on behalf of the former partnership.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2833. Division of the partnership assets.

Art. 2833. Division of the partnership assets.
The creditors of a partnership shall be paid in the following order of priority: secured creditors in accordance with their security rights; unsecured creditors who are not partners; unsecured creditors who are partners.
If any assets remain after the payment of all secured and unsecured creditors, the capital contributions shall be restored to the partners. Finally, any surplus shall be divided among the partners proportionally based on their respective interests in the partnership.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2837. Partnership in commendam; definition.

Art. 2837. Partnership in commendam; definition.
A partnership in commendam consists of one or more general partners who have the powers, rights, and obligations of partners, and one or more partners in commendam, or limited partners, whose powers, rights, and obligations are defined in this Chapter.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2838. Name; designation as partnership in commendam.

Art. 2838. Name; designation as partnership in commendam.
For the liability of a partner in commendam to be limited as to third parties, the partnership must have a name that appears in the contract of partnership; the name must include language that clearly identifies it as a partnership in commendam, such as language consisting of the words "limited partnership" or "partnership in commendam"; and the name must not imply that the partner in commendam is a general partner.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2839. Name of partner in commendam; use

Art. 2839. Name of partner in commendam; use
A. A partner in commendam becomes liable as a general partner if he permits his name to be used in business dealings of the partnership in a manner that implies he is a general partner.
B. If the name of a partner in commendam is used without his consent, he is liable as a general partner only if he knew or should have known of its use and did not take reasonable steps to prevent the use.
C. If the name of the partner in commendam is the same as that of a general partner or if it had been included in the name of a predecessor business entity or in the name of the partnership prior to the admission of the partner in commendam, its use does not imply that he is a general partner.
Acts 1980, No. 150, §1. Acts 1984, No. 429, §1.
2023 Louisiana Laws › Civil Code › Art. 2840. Partner in commendam; liability; agreed contribution.

Art. 2840. Partner in commendam; liability; agreed contribution.
A partner in commendam must agree to make a contribution to the partnership. The contribution may consist of money, things, or the performance of nonmanagerial services. The partnership agreement must describe the contribution and state either its agreed value or a method of determining it. The contract should also state the time or circumstances upon which the money or other things are to be delivered, or the services are to be performed, and if it fails to do so, payment is due on demand.
A partner in commendam is liable for the obligations of the partnership only to the extent of the agreed contribution. If he does not make the contribution, or contributes only part of it, he is obligated to contribute money, or other things equal to the portion of the stated value that he has failed to satisfy. The court may award specific performance if appropriate.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2842. Restrictions on the right of a partner in commendam to receive contributions.

Art. 2842. Restrictions on the right of a partner in commendam to receive contributions.
A partner in commendam may not receive, directly or indirectly, any part of the capital or undistributed profits of the partnership if to do so would render the partnership insolvent. If he does so, he must restore the amount received together with interest at the legal rate.
If the partnership or the partners do not force the partner in commendam to restore the amount received, the creditors may proceed directly against the partner in commendam to compel the restoration.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2843. Restrictions on the partner in commendam with regard to management or administration of the partnership.

Art. 2843. Restrictions on the partner in commendam with regard to management or administration of the partnership.
A partner in commendam does not have the authority of a general partner to bind the partnership, to participate in the management or administration of the partnership, or to conduct any business with third parties on behalf of the partnership.
Acts 1980, No. 150, §1.
2023 Louisiana Laws › Civil Code › Art. 2844. Liability of the partner in commendam to third parties

Art. 2844. Liability of the partner in commendam to third parties
A. A partner in commendam is not liable for the obligations of the partnership unless such partner is also a general partner or, in addition to the exercise of such partner's rights and powers as a partner, such partner participates in the control of the business. However, if the partner in commendam participates in the control of the business, such partner is liable only to persons who transact business with the partnership reasonably believing, based upon the partner in commendam's conduct, that the partner in commendam is a general partner.
B. A partner in commendam does not participate in the control of the business within the meaning of Paragraph A of this Article solely by doing one or more of the following:
(1) Being a contractor for or an agent or employee of the partnership or of a general partner.
(2) Being an employee, officer, director, or shareholder of a general partner that is a corporation or a member or manager of a general partner that is a limited liability company.
(3) Consulting with and advising a general partner with respect to the business of the partnership.
(4) Acting as surety for the partnership or guaranteeing or assuming one or more specific obligations of the partnership.
(5) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the partnership.
(6) Requesting or attending a meeting of partners.
(7) Proposing, approving, or disapproving, by voting or otherwise, one or more of the following matters:
(a) The continuation, dissolution, termination, or liquidation of the partnership.
(b) The alienation, exchange, lease, mortgage, pledge, or other transfer of all or substantially all of the assets of the partnership.
(c) The incurrence of indebtedness by the partnership other than in the ordinary course of its business.
(d) A change in the nature of the business.
(e) The admission, expulsion, or withdrawal of a general partner.
(f) The admission, expulsion, or withdrawal of a partner in commendam.
(g) A transaction involving an actual or potential conflict of interest between a general partner and the partnership or the partners in commendam.
(h) An amendment to the contract of partnership.
(i) Matters related to the business of the partnership not otherwise enumerated in this Paragraph, which the contract of partnership states in writing may be subject to the approval or disapproval of partners.
(8) Liquidating the partnership.
(9) Exercising any right or power permitted to partners in commendam under this Chapter and not specifically enumerated in this Paragraph.
C. The enumeration in Paragraph B does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by such partner in the business of the partnership.
Acts 1980, No. 150, §1; Acts 1995, No. 847, §1, eff. June 27, 1995.
2023 Louisiana Laws › Civil Code › Art. 2891. Loan for use; definition

TITLE XII. LOAN
CHAPTER 1. LOAN FOR USE (COMMODATUM)
Art. 2891. Loan for use; definition
The loan for use is a gratuitous contract by which a person, the lender, delivers a nonconsumable thing to another, the borrower, for him to use and return.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2892. Applicability of the rules governing obligations

Art. 2892. Applicability of the rules governing obligations
In all matters for which no special provision is made in this Title, the contract of loan for use is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2895. Ordinary wear and tear; damage caused by the failure to keep, preserve, or use as a prudent administrator

Art. 2895. Ordinary wear and tear; damage caused by the failure to keep, preserve, or use as a prudent administrator
The borrower is not liable for ordinary wear and tear of the thing lent. He is liable for damage to the thing lent caused by his failure to keep, preserve, or use it as a prudent administrator.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2896. Use for longer time or in other manner

Art. 2896. Use for longer time or in other manner
When the borrower uses the thing for a longer time or in a manner other than agreed upon, he is liable for any damage to the thing, even if it is caused by a fortuitous event.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2897. Heritability of contract obligations.Loss caused by fortuitous event

Art. 2897. Loss caused by fortuitous event
When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable for the damage to the thing lent.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2899. Reimbursement for expenses

Art. 2899. Reimbursement for expenses
The borrower may not claim reimbursement from the lender for expenses incurred in the use of the thing.
The borrower may claim reimbursement for expenses incurred for the preservation of the thing lent, if the expenses were necessary and urgent.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2901. Retaking before or after conclusion of use or expiration of time

Art. 2901. Retaking before or after conclusion of use or expiration of time
The lender may demand the return of the thing lent after expiration of the term and, in the absence of a term, after conclusion of the use for which the thing was lent. In case of urgent and unforeseen need, the lender may demand the return of the thing at any time.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2902. Lender's liability for damage caused by defects in the thing

Art. 2902. Lender's liability for damage caused by defects in the thing
The lender is liable to the borrower when defects in the thing lent cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2903. Liberative prescription

Art. 2903. Liberative prescription
An action of the lender for damages because of alteration or deterioration of the thing lent and an action of the borrower for reimbursement of expenses are subject to a liberative prescription of one year. These prescriptions commence to run from the day of the return of the thing.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2904. Loan for consumption; definition

CHAPTER 2. LOAN FOR CONSUMPTION (
MUTUUM
)
Art. 2904. Loan for consumption; definition
The loan for consumption is a contract by which a person, the lender, delivers consumable things to another, the borrower, who binds himself to return to the lender an equal amount of things of the same kind and quality.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2907. Loan of money or commodities

Art. 2907. Loan of money or commodities
When the loan is of money, the borrower is bound to repay the same numerical amount in legal tender of the country whose money was lent regardless of fluctuation in the value of the currency.
When commodities are lent, the borrower is bound to return the same quantity and quality regardless of any increase or diminution of value.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2908. Lender's liability for damage caused by defects in the thing

Art. 2908. Lender's liability for damage caused by defects in the thing
The lender is liable to the borrower when defects in the thing lent for consumption cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2909. Inability to demand performance until expiration of term

Art. 2909. Inability to demand performance until expiration of term
The lender may not demand from the borrower the performance of his obligation to return an equal amount of things of the same kind and quality before expiration of the term. In the absence of a certain term or of an agreement that performance will be exigible at will, a reasonable term is implied.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2911. Payment of value when restitution is impossible

Art. 2911. Payment of value when restitution is impossible
When it is impossible for the borrower to return to the lender things of the same quantity and quality as those lent, the borrower is bound to pay the value of the things lent, taking into account the time and place they should have been returned according to the contract.
When the time and place are not fixed in the contract, the borrower owes the value of the things at the time the demand for performance is made and at the place where the loan is contracted.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2913. Payment of interest presumed in release of principal

CHAPTER 3. LOAN ON INTEREST
Art. 2913. Payment of interest presumed in release of principal
When the principal of the loan is released without reservation as to interest, it is presumed that the interest is also released.
Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Civil Code › Art. 2926. Deposit, definition

TITLE XIII. DEPOSIT AND SEQUESTRATION
CHAPTER 1. DEPOSIT
Art. 2926. Deposit; definition
A deposit is a contract by which a person, the depositor, delivers a movable thing to another person, the depositary, for safekeeping under the obligation of returning it to the depositor upon demand.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2927. Kinds of deposit.

Art. 2927. Applicability of the rules governing obligations
In matters for which no special provision is made in this Title, the contract of deposit is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2930. Diligence and prudence required

Art. 2930. Diligence and prudence required
When the deposit is onerous, the depositary is bound to fulfill his obligations with diligence and prudence.
When the deposit is gratuitous, the depositary is bound to fulfill his obligations with the same diligence and prudence in caring for the thing deposited that he uses for his own property.
Whether the deposit is gratuitous or onerous, the depositary is liable for the loss that the depositor sustains as a result of the depositary's failure to perform such obligations.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2934. Delivery of value received

Art. 2934. Delivery of value received
When the thing deposited is lost or deteriorated without any fault of the depositary, the depositary is nevertheless bound to deliver to the depositor whatever value the depositary received as a result of that loss, including the proceeds of any insurance.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2936. Proof of ownership of the thing deposited not required; a stolen thing

Art. 2936. Proof of ownership of the thing deposited not required; a stolen thing
The depositary may not require the depositor to prove that he is the owner of the thing deposited. If the depositary discovers that the thing deposited was stolen, the depositary may refuse to return the thing to the depositor and is exonerated from liability if he delivers the thing to its owner.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2937. Place and expense of return

Art. 2937. Place and expense of return
When the contract of deposit specifies the place of return, the thing deposited is to be returned there and the depositor bears the expense of transportation. If the contract of deposit does not specify the place of return, the thing deposited is to be returned at the place where the deposit was made.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2938. Time of return

Art. 2938. Time of return
The depositary is bound to return the thing deposited upon demand, even if the agreed term of the deposit has not expired, unless expressly provided otherwise in the contract of deposit.
A depositary may not return the thing deposited before the lapse of the agreed term unless unforeseen circumstances make it impossible for him to keep the thing safely and without prejudice to himself.
When no term is fixed, the depositary may return the thing deposited at any time.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2939. Retention of the deposit

Art. 2939. Retention of the deposit
The depositary may retain the thing deposited until his claims arising from the contract of deposit are paid. He may not retain the thing until payment of a claim unrelated to the contract of deposit or by way of setoff.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2940. Reimbursement of the depositary

Art. 2940. Reimbursement of the depositary
The depositor is bound to reimburse the depositary for the reasonable expenses he has incurred for the safekeeping of the thing deposited, to indemnify him for the losses the thing may have caused him, and to pay him the agreed remuneration.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2941. Obligation of innkeeper to accept the deposit

CHAPTER 2. DEPOSIT WITH INNKEEPERS
Art. 2941. Obligation of innkeeper to accept the deposit
An innkeeper is bound to accept for deposit the personal belongings of guests unless he is unable to provide such a service because of the excessive value, size, weight, or nature of the things sought to be deposited. He may examine the things handed over for deposit and require that they be placed in a closed or sealed receptacle.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2945. Limitation of innkeeper's liability

Art. 2945. Limitation of innkeeper's liability
The innkeeper's liability to guests, whether contractual or delictual, for stolen or damaged personal belongings that were not delivered to the innkeeper, is limited to five hundred dollars if he provides a safe deposit facility for such belongings and if he posts notice of the availability of a safe, unless the innkeeper has assumed greater liability by a separate written contract.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2946. Conventional sequestration; definition

CHAPTER 3. CONVENTIONAL SEQUESTRATION
Art. 2946. Conventional sequestration; definition
Conventional sequestration takes place when two or more persons by agreement deliver to a depositary a thing, movable or immovable, the rights to which are disputed or uncertain. In that case, the depositary is bound to deliver the thing according to their agreement or according to a court order.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2948. Termination of conventional sequestration by the depositary

Art. 2948. Termination of conventional sequestration by the depositary
The depositary may terminate the conventional sequestration unilaterally only if he is unable to perform his obligations. He is bound to deliver the thing to the successor depositary agreed upon by the parties and, when the parties cannot agree, he must apply to the court for the appointment of another depositary.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2951. Judicial depositary

Art. 2951. Judicial depositary
The judicial depositary is the public official charged with the duty to execute the orders of the court. He is subject to the obligations of a conventional depositary. He is bound to deliver the thing to the person designated by the court. He is entitled to a fee to be paid by the person ordered to pay that fee by the court.
Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 2986. The authority of the representative

Art. 2986. The authority of the representative
The authority of the representative may be conferred by law, by contract, such as mandate or partnership, or by the unilateral juridical act of procuration.
Amended by Acts 1871, No. 87; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2987. Procuration defined; person to whom addressed

Art. 2987. Procuration defined; person to whom addressed
A procuration is a unilateral juridical act by which a person, the principal, confers authority on another person, the representative, to represent the principal in legal relations.
The procuration may be addressed to the representative or to a person with whom the representative is authorized to represent the principal in legal relations.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2989. Mandate defined

CHAPTER 2. MANDATE
SECTION 1. GENERAL PRINCIPLES
Art. 2989. Mandate defined
A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2990. Applicability of the rules governing obligations

Art. 2990. Applicability of the rules governing obligations
In all matters for which no special provision is made in this Title, the contract of mandate is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2995. Incidental, necessary, or professional acts

Art. 2995. Incidental, necessary, or professional acts
The mandatary may perform all acts that are incidental to or necessary for the performance of the mandate.
The authority granted to a mandatary to perform an act that is an ordinary part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified.
A mandatary shall not prevent or limit reasonable communication, visitation, or interaction between a principal who is over the age of eighteen years and another person without prior court approval, to be granted only upon a showing of good cause by the mandatary, unless express authority has been provided pursuant to Article 2997(7).
Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2016, No. 110, §1, eff. May 19, 2016.
2023 Louisiana Laws › Civil Code › Art. 2996. Authority to alienate, acquire, encumber, or lease

Art. 2996. Authority to alienate, acquire, encumber, or lease
The authority to alienate, acquire, encumber, or lease a thing must be given expressly. Neither the property nor its location need be specifically described.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2997. Express authority required

Art. 2997. Express authority required
Authority also must be given expressly to:
(1) Make an inter vivos donation, either outright or to a new or existing trust or other custodial arrangement, and, when also expressly so provided, to impose such conditions on the donation, including, without limitation, the power to revoke, that are not contrary to the other express terms of the mandate.
(2) Accept or renounce a succession.
(3) Contract a loan, acknowledge or make remission of a debt, or become a surety.
(4) Draw or endorse promissory notes and negotiable instruments.
(5) Enter into a compromise or refer a matter to arbitration.
(6) Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication.
(7) Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative by blood, adoption, or affinity within the third degree, or another individual who has a relationship based on or productive of strong affection.
Amended by Acts 1981, No. 572, §1; Acts 1990, No. 184, §1; Acts 1992, No. 304, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2001, No. 594, §1; Acts 2016, No. 110, §1, eff. May 19, 2016.
2023 Louisiana Laws › Civil Code › Art. 2998. Contracting with one's self

Art. 2998. Contracting with one's self
A mandatary who represents the principal as the other contracting party may not contract with himself unless he is authorized by the principal, or, in making such contract, he is merely fulfilling a duty to the principal.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 2999. Person of limited capacity

Art. 2999. Person of limited capacity
A person of limited capacity may act as a mandatary for matters for which he is capable of contracting. In such a case, the rights of the principal against the mandatary are subject to the rules governing the obligations of persons of limited capacity.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3000. Mandatary of both parties

Art. 3000. Mandatary of both parties
A person may be the mandatary of two or more parties, such as a buyer and a seller, for the purpose of transacting one or more affairs involving all of them. In such a case, the mandatary must disclose to each party that he also represents the other.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3001. Mandatary's duty of performance; standard of care

SECTION 2. RELATIONS BETWEEN THE PRINCIPAL
AND THE MANDATARY
Art. 3001. Mandatary's duty of performance; standard of care
The mandatary is bound to fulfill with prudence and diligence the mandate he has accepted. He is responsible to the principal for the loss that the principal sustains as a result of the mandatary's failure to perform.
Amended by Acts 1979, No. 711, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3003. Obligation to provide information

Art. 3003. Obligation to provide information
At the request of the principal, or when the circumstances so require, the mandatary is bound to provide information and render an account of his performance of the mandate. The mandatary is bound to notify the principal, without delay, of the fulfillment of the mandate.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3004. Obligation to deliver; right of retention

Art. 3004. Obligation to deliver; right of retention
The mandatary is bound to deliver to the principal everything he received by virtue of the mandate, including things he received unduly.
The mandatary may retain in his possession sufficient property of the principal to pay the mandatary's expenses and remuneration.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3006. Fulfillment of the mandate by the mandatary

Art. 3006. Fulfillment of the mandate by the mandatary
In the absence of contrary agreement, the mandatary is bound to fulfill the mandate himself.
Nevertheless, if the interests of the principal so require, when unforeseen circumstances prevent the mandatary from performing his duties and he is unable to communicate with the principal, the mandatary may appoint a substitute.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3007. Mandatary's liability for acts of the substitute

Art. 3007. Mandatary's liability for acts of the substitute
When the mandatary is authorized to appoint a substitute, he is answerable to the principal for the acts of the substitute only if he fails to exercise diligence in selecting the substitute or in giving instructions.
When not authorized to appoint a substitute, the mandatary is answerable to the principal for the acts of the substitute as if the mandatary had performed the mandate himself.
In all cases, the principal has recourse against the substitute.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3008. Liability for acts beyond authority; ratification

Art. 3008. Liability for acts beyond authority; ratification
If the mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains.
The principal is not answerable to the mandatary for loss that the mandatary sustains because of acts that exceed his authority unless the principal ratifies those acts.
Acts 1997, No. 261, § 1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3010. Performance of obligations contracted by the mandatary

Art. 3010. Performance of obligations contracted by the mandatary
The principal is bound to the mandatary to perform the obligations that the mandatary contracted within the limits of his authority. The principal is also bound to the mandatary for obligations contracted by the mandatary after the termination of the mandate if at the time of contracting the mandatary did not know that the mandate had terminated.
The principal is not bound to the mandatary to perform the obligations that the mandatary contracted which exceed the limits of the mandatary's authority unless the principal ratifies those acts.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3011. Advantageous performance despite divergence from authority

Art. 3011. Advantageous performance despite divergence from authority
The mandatary acts within the limits of his authority even when he fulfills his duties in a manner more advantageous to the principal than was authorized.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3012. Reimbursement of expenses and remuneration

Art. 3012. Reimbursement of expenses and remuneration
The principal is bound to reimburse the mandatary for the expenses and charges he has incurred and to pay him the remuneration to which he is entitled.
The principal is bound to reimburse and pay the mandatary even though without the mandatary's fault the purpose of the mandate was not accomplished.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3013. Compensation for loss sustained by the mandatary

Art. 3013. Compensation for loss sustained by the mandatary
The principal is bound to compensate the mandatary for loss the mandatary sustains as a result of the mandate, but not for loss caused by the fault of the mandatary.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3016. Disclosed mandate and principal

SECTION 3. RELATIONS BETWEEN THE PRINCIPAL, THE
MANDATARY, AND THIRD PERSONS
Subsection A. Relations Between the Mandatary and Third Persons
Art. 3016. Disclosed mandate and principal
A mandatary who contracts in the name of the principal within the limits of his authority does not bind himself personally for the performance of the contract.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3018. Disclosed mandate; undisclosed principal

Art. 3018. Disclosed mandate; undisclosed principal
A mandatary who enters into a contract and discloses his status as a mandatary, though not his principal, binds himself personally for the performance of the contract. The mandatary ceases to be bound when the principal is disclosed.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3019. Liability when authority is exceeded

Art. 3019. Liability when authority is exceeded
A mandatary who exceeds his authority is personally bound to the third person with whom he contracts, unless that person knew at the time the contract was made that the mandatary had exceeded his authority or unless the principal ratifies the contract.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3020. Obligations of the principal to third persons

Subsection B. Relations Between the Principal and Third Persons
Art. 3020. Obligations of the principal to third persons
The principal is bound to perform the contract that the mandatary, acting within the limits of his authority, makes with a third person.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3022. Disclosed mandate or principal; third person bound

Art. 3022. Disclosed mandate or principal; third person bound
A third person with whom a mandatary contracts in the name of the principal, or in his own name as mandatary, is bound to the principal for the performance of the contract.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3023. Undisclosed mandate or principal; obligations of third person

Art. 3023. Undisclosed mandate or principal; obligations of third person
A third person with whom a mandatary contracts without disclosing his status or the identity of the principal is bound to the principal for the performance of the contract unless the obligation is strictly personal or the right non-assignable. The third person may raise all defenses that may be asserted against the mandatary or the principal.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3024. Termination of the mandate and of the mandatary's authority

SECTION 4. TERMINATION OF THE MANDATE AND
OF THE AUTHORITY OF THE MANDATARY
Art. 3024. Termination of the mandate and of the mandatary's authority
In addition to causes of termination of contracts under the Titles governing "Obligations in General" and "Conventional Obligations or Contracts", both the mandate and the authority of the mandatary terminate upon the:
(1) Death of the principal or of the mandatary.
(2) Interdiction of the mandatary.
(3) Qualification of the curator after the interdiction of the principal.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3025. Termination by principal

Art. 3025. Termination by principal
The principal may terminate the mandate and the authority of the mandatary at any time. A mandate in the interest of the principal, and also of the mandatary or of a third party, may be irrevocable, if the parties so agree, for as long as the object of the contract may require.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3026. Incapacity of the principal

Art. 3026. Incapacity of the principal
In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3027. Reliance on public records

Art. 3027. Reliance on public records
Until filed for recordation, a revocation or modification of a recorded mandate is ineffective as to the persons entitled to rely upon the public records.
Amended by Acts 1882, No. 19; Acts 1981, No. 303, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3028. Rights of third persons without notice of revocation

Art. 3028. Rights of third persons without notice of revocation
The principal must notify third persons with whom the mandatary was authorized to contract of the revocation of the mandate or of the mandatary's authority. If the principal fails to do so, he is bound to perform the obligations that the mandatary has undertaken.
Amended by Acts 1882, No. 19; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3029. Termination by the mandatary

Art. 3029. Termination by the mandatary
The mandate and the authority of the mandatary terminate when the mandatary notifies the principal of his resignation or renunciation of his authority. When a mandatary has reasonable grounds to believe that the principal lacks capacity, the termination is effective only when the mandatary notifies another mandatary or a designated successor mandatary. In the absence of another mandatary or a designated successor mandatary, the termination is effective when the mandatary notifies a person with a sufficient interest in the welfare of the principal.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2014, No. 356, §2.
2023 Louisiana Laws › Civil Code › Art. 3031. Contracts made after termination of the mandate or the mandatary's authority

Art. 3031. Contracts made after termination of the mandate or the mandatary's authority
If the mandatary does not know that the mandate or his authority has terminated and enters into a contract with a third person who is in good faith, the contract is enforceable.
Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 3035. Definition of suretyship

TITLE XVI. SURETYSHIP
CHAPTER 1. NATURE AND EXTENT OF SURETYSHIP
Art. 3035. Definition of suretyship
Suretyship is an accessory contract by which a person binds himself to a creditor to fulfill the obligation of another upon the failure of the latter to do so.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3036. Obligations for which suretyship may be established

Art. 3036. Obligations for which suretyship may be established
Suretyship may be established for any lawful obligation, which, with respect to the suretyship, is the principal obligation.
The principal obligation may be subject to a term or condition, may be presently existing, or may arise in the future.
Amended by Acts 1979, No. 711, §1; Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3037. Surety ostensibly bound as a principal with another; effect of knowledge of the creditor

Art. 3037. Surety ostensibly bound as a principal with another; effect of knowledge of the creditor
One who ostensibly binds himself as a principal obligor to satisfy the present or future obligations of another is nonetheless considered a surety if the principal cause of the contract with the creditor is to guarantee performance of such obligations.
A creditor in whose favor a surety and principal obligor are bound together as principal obligors in solido may presume they are equally concerned in the matter until he clearly knows of their true relationship.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3039. Suretyship requires no formal acceptance

Art. 3039. Suretyship requires no formal acceptance
Suretyship is established upon receipt by the creditor of the writing evidencing the surety's obligation. The creditor's acceptance is presumed and no notice of acceptance is required.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3041. Kinds of suretyship

CHAPTER 2. KINDS OF SURETYSHIP
Art. 3041. Kinds of suretyship
There are three kinds of suretyship: commercial suretyship, legal suretyship, and ordinary suretyship.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3042. Commercial suretyship

Art. 3042. Commercial suretyship
A commercial suretyship is one in which:
(1) The surety is engaged in a surety business;
(2) The principal obligor or the surety is a business corporation, partnership, or other business entity;
(3) The principal obligation arises out of a commercial transaction of the principal obligor; or
(4) The suretyship arises out of a commercial transaction of the surety.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3044. Ordinary suretyship; interpretation

Art. 3044. Ordinary suretyship; interpretation
An ordinary suretyship is one that is neither a commercial suretyship nor a legal suretyship.
An ordinary suretyship must be strictly construed in favor of the surety.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3045. Liability of sureties to creditor; division and discussion abolished

CHAPTER 3.- THE EFFECTS OF SURETYSHIP BETWEEN
THE SURETY AND CREDITOR
Art. 3045. Liability of sureties to creditor; division and discussion abolished
A surety, or each surety when there is more than one, is liable to the creditor in accordance with the provisions of this Chapter, for the full performance of the obligation of the principal obligor, without benefit of division or discussion, even in the absence of an express agreement of solidarity.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3047. Rights of the surety

CHAPTER 4. THE EFFECTS OF SURETYSHIP BETWEEN
THE SURETY AND PRINCIPAL OBLIGOR
Art. 3047. Rights of the surety
A surety has the right of subrogation, the right of reimbursement, and the right to require security from the principal obligor.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3049. Surety's right of reimbursement for payment of obligation

Art. 3049. Surety's right of reimbursement for payment of obligation
A surety who pays the creditor is entitled to reimbursement from the principal obligor. He may not recover reimbursement until the principal obligation is due and exigible.
A surety for multiple solidary obligors may recover from any of them reimbursement of the whole amount he has paid the creditor.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3050. Surety's right of reimbursement for payment of obligation not owed

Art. 3050. Surety's right of reimbursement for payment of obligation not owed
A surety who in good faith pays the creditor when the principal obligation is extinguished, or when the principal obligor had the means of defeating it, is nevertheless entitled to reimbursement from the principal obligor if the surety made a reasonable effort to notify the principal obligor that the creditor was insisting on payment or if the principal obligor was apprised that the creditor was insisting on payment.
The surety's rights against the creditor are not thereby excluded.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3051. Payment by debtor without notice of payment by surety

Art. 3051. Payment by debtor without notice of payment by surety
A surety may not recover from the principal obligor, by way of subrogation or reimbursement, the amount paid the creditor if the principal obligor also pays the creditor for want of being warned by the surety of the previous payment.
In these circumstances, the surety may recover from the creditor.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3052. Limitation on right of surety to recover what he paid creditor

Art. 3052. Limitation on right of surety to recover what he paid creditor
A surety may not recover from the principal obligor more than he paid to secure a discharge, but he may recover by subrogation such attorney's fees and interest as are owed with respect to the principal obligation.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3053. Surety's right to require security

Art. 3053. Surety's right to require security
A surety, before making payment, may demand security from the principal obligor to guarantee his reimbursement when:
(1) The surety is sued by the creditor;
(2) The principal obligor is insolvent, unless the principal obligation is such that its performance does not require his solvency;
(3) The principal obligor fails to perform an act promised in return for the suretyship; or
(4) The principal obligation is due or would be due but for an extension of its term not consented to by the surety.
The principal obligor may refuse to give security if the principal obligation is extinguished or if he has a defense against it.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3054. Failure to provide security

Art. 3054. Failure to provide security
If, within ten days after the delivery of a written demand for the security, the principal obligor fails to provide the required security or fails to secure the discharge of the surety, the surety has an action to require the principal obligor to deposit into the registry of the court funds sufficient to satisfy the surety's obligation to the creditor as a pledge for the principal obligor's duty to reimburse the surety.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3055. Liability among co-sureties

CHAPTER 5. THE EFFECTS OF SURETYSHIP AMONG
SEVERAL SURETIES
Art. 3055. Liability among co-sureties
Co-sureties are those who are sureties for the same obligation of the same obligor. They are presumed to share the burden of the principal obligation in proportion to their number unless the parties agreed otherwise or contemplated that he who bound himself first would bear the entire burden of the obligation regardless of others who thereafter bind themselves independently of and in reliance upon the obligation of the former.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3056. Right of contribution among co-sureties

Art. 3056. Right of contribution among co-sureties
A surety who pays the creditor may proceed directly or by way of subrogation to recover from his co-sureties the share of the principal obligation each is to bear. If a co-surety becomes insolvent, his share is to be borne by those who would have borne it in his absence.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3057. Limitation upon right of contribution

Art. 3057. Limitation upon right of contribution
A surety who pays the creditor more than his share may recover the excess from his co-sureties in proportion to the amount of the obligation each is to bear as to him. If a surety obtains the conventional discharge of other co-sureties by paying the creditor, any reduction in the amount owed by those released benefits them proportionately.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3058. Extinction of the suretyship

CHAPTER 6. TERMINATION OR EXTINCTION OF SURETYSHIP
Art. 3058. Extinction of the suretyship
The obligations of a surety are extinguished by the different manners in which conventional obligations are extinguished, subject to the following modifications.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 3060. Prescription of the surety's obligation, right of reimbursement, and contribution

Art. 3060. Prescription of the surety's obligation, right of reimbursement, and contribution
Prescription of the principal obligation extinguishes the obligation of the surety. A surety's action for contribution from his co-sureties and his action for reimbursement from the principal obligor prescribe in ten years.
The interruption of prescription against a surety is effective against the principal obligor and other sureties only when such parties have mutually agreed to be bound together with the surety against whom prescription was interrupted.
Acts 1987, No. 409, §1, eff. Jan. 1, 1988.