reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 2341. Separate property.

Art. 2341. Separate property.
The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.
Acts 1979, No. 709, §1; Amended by Acts 1981, No. 921, §1.
2023 Louisiana Laws › Civil Code › Art. 2341.1. Acquisition of undivided interests; separate and community property

Art. 2341.1. Acquisition of undivided interests; separate and community property
A. A spouse's undivided interest in property otherwise classified as separate property under Article 2341 remains his separate property regardless of the acquisition of other undivided interests in the property during the existence of the legal regime, the source of improvements thereto, or by whom the property was managed, used, or enjoyed.
B. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate.
Acts 1991, No. 329, §2.
2023 Louisiana Laws › Civil Code › Art. 2342. Declaration of acquisition of separate property

Art. 2342. Declaration of acquisition of separate property
A. A declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse may be controverted by the other spouse unless he concurred in the act. It may also be controverted by the forced heirs and the creditors of the spouses, despite the concurrence by the other spouse.
B. Nevertheless, when there has been such a declaration, an alienation, encumbrance, or lease of the thing by onerous title, during the community regime or thereafter, may not be set aside on the ground of the falsity of the declaration.
C.(1) The provision of this Article that prohibits setting aside an alienation, encumbrance, or lease on the ground of the falsity of the declaration of separate property is hereby made retroactive to any such alienation, encumbrance, or lease prior to July 21, 1982.
(2) A person who has a right to set aside such transactions on the ground of the falsity of the declaration, which right is not prescribed or otherwise extinguished or barred upon July 21, 1982, and who is adversely affected by the provisions of this Article, shall have six months from July 21, 1982 to initiate proceedings to set aside such transactions or otherwise be forever barred from exercising such right or cause of action. Nothing contained in this Article shall be construed to limit or prescribe any action or proceeding which may arise between spouses under the provisions of this Article.
Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §3; Acts 1982, No. 453, §1; Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2343. Donation by spouse of interest in community.

Art. 2343. Donation by spouse of interest in community.
The donation by a spouse to the other spouse of his undivided interest in a thing forming part of the community transforms that interest into separate property of the donee. Unless otherwise provided in the act of donation, an equal interest of the donee is also transformed into separate property and the natural and civil fruits of the thing, and minerals produced from or attributed to the property given as well as bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, form part of the donee's separate property.
Acts 1979, No. 709, §1; Amended by Acts 1981, No. 921, §1.
2023 Louisiana Laws › Civil Code › Art. 2343.1. Transfer of separate property to the community.

Art. 2343.1. Transfer of separate property to the community.
The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title must be made in writing and a transfer by gratuitous title must be made by authentic act.
Added by Acts 1981, No. 921, §2.
2023 Louisiana Laws › Civil Code › Art. 2344. Offenses and quasi-offenses; damages as community or separate property.

Art. 2344. Offenses and quasi-offenses; damages as community or separate property.
Damages due to personal injuries sustained during the existence of the community by a spouse are separate property.
Nevertheless, the portion of the damages attributable to expenses incurred by the community as a result of the injury, or in compensation of the loss of community earnings, is community property. If the community regime is terminated otherwise than by the death of the injured spouse, the portion of the damages attributable to the loss of earnings that would have accrued after termination of the community property regime is the separate property of the injured spouse.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2347. Alienation of community property; concurrence of other spouse.

Art. 2347. Alienation of community property; concurrence of other spouse.
A. The concurrence of both spouses is required for the alienation, encumbrance, or lease of community immovables, standing, cut, or fallen timber, furniture or furnishings while located in the family home, all or substantially all of the assets of a community enterprise, and movables issued or registered as provided by law in the names of the spouses jointly.
B. The concurrence of both spouses is required to harvest community timber.
Acts 1979, No. 709, §1; Acts 2001, No. 558, §1.
2023 Louisiana Laws › Civil Code › Art. 2348. Renunciation of right to concur.

Art. 2348. Renunciation of right to concur.
A spouse may expressly renounce the right to concur in the alienation, encumbrance, or lease of a community immovable or some or all of the community immovables, or community immovables which may be acquired in the future, or all or substantially all of a community enterprise. He also may renounce the right to participate in the management of a community enterprise. The renunciation may be irrevocable for a stated term not to exceed three years. Further, any renunciation of the right to concur in the alienation, encumbrance, or lease of a community immovable, or some or all of the community immovables or community immovables which may be acquired in the future, or all or substantially all of a community enterprise which was proper in form and effective under the law at the time it was made shall continue in effect for the stated term not to exceed three years or if there was no term stated, then until it is revoked.
A spouse may nonetheless reserve the right to concur in the alienation, encumbrance, or lease of specifically described community immovable property.
Acts 1979, No. 709, §1; Amended by Acts 1981, No. 132, §1; Acts 1984, No. 554, §1, eff. Jan. 1, 1985; Acts 1984, No. 622, §1, eff. Jan. 1, 1985.
{{NOTE: SEE SECTION 2 OF ACTS 1984, NOS. 554 AND 622.}}
2023 Louisiana Laws › Civil Code › Art. 2349. Donation of community property; concurrence of other spouse.

Art. 2349. Donation of community property; concurrence of other spouse.
The donation of community property to a third person requires the concurrence of the spouses, but a spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2350. Alienation of movable assets of business

Art. 2350. Alienation of movable assets of business
The spouse who is the sole manager of a community enterprise has the exclusive right to alienate, encumber, or lease its movables unless the movables are issued in the name of the other spouse or the concurrence of the other spouse is required by law.
A community enterprise is a business that is not a juridical person.
Acts 1979, No. 709, §1; Acts 2017, No. 197, §1.
2023 Louisiana Laws › Civil Code › Art. 2352. Management and disposition of partnership and limited liability company interest

Art. 2352. Management and disposition of partnership and limited liability company interest
A spouse who is a partner has the exclusive right to manage, alienate, encumber, or lease the partnership interest.
A spouse who is a member has the exclusive right to manage, alienate, encumber, or lease the limited liability company interest.
Acts 1979, No. 709, §1; Acts 1993, No. 475, §1, eff. June 9, 1993.
2023 Louisiana Laws › Civil Code › Art. 2353. Unauthorized alienation of community property.

Art. 2353. Unauthorized alienation of community property.
When the concurrence of the spouses is required by law, the alienation, encumbrance, or lease of community property by a spouse is relatively null unless the other spouse has renounced the right to concur. Also, the alienation, encumbrance, or lease of the assets of a community enterprise by the non-manager spouse is a relative nullity.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2355. Judicial authorization to act without the consent of the other spouse

Art. 2355. Judicial authorization to act without the consent of the other spouse
A spouse, in a summary proceeding, may be authorized by the court to act without the concurrence of the other spouse upon showing that such action is in the best interest of the family and that the other spouse arbitrarily refuses to concur or that concurrence may not be obtained due to the physical incapacity, mental incompetence, commitment, imprisonment, temporary absence of the other spouse, or because the other spouse is an absent person.
Acts 1979, No. 709, §1; Acts 1990, No. 989, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 2355.1. Judicial authorization to manage the community

Art. 2355.1. Judicial authorization to manage the community
When a spouse is an absent person, the other spouse, upon showing that such action is in the best interest of the family, may be authorized by the court in a summary proceeding to manage, alienate, encumber, or lease community property that the absent spouse has the exclusive right to manage, alienate, encumber, or lease.
Acts 1990, No. 989, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 2356. Causes of termination

SECTION 3--TERMINATION OF THE COMMUNITY
Art. 2356. Causes of termination
The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community.
Acts 1979, No. 709, §1; Acts 1990, No. 989, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 2357. Satisfaction of obligation after termination of regime

Art. 2357. Satisfaction of obligation after termination of regime
An obligation incurred by a spouse before or during the community property regime may be satisfied after termination of the regime from the property of the former community and from the separate property of the spouse who incurred the obligation. The same rule applies to an obligation for attorney's fees and costs in an action for divorce incurred by a spouse between the date the petition for divorce was filed and the date of the judgment of divorce that terminates the community regime.
If a spouse disposes of property of the former community for a purpose other than the satisfaction of community obligations, he is liable for all obligations incurred by the other spouse up to the value of that community property.
A spouse may by written act assume responsibility for one-half of each community obligation incurred by the other spouse. In such case, the assuming spouse may dispose of community property without incurring further responsibility for the obligations incurred by the other spouse.
Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 2358. Claims for reimbursement between spouses

Art. 2358. Claims for reimbursement between spouses
A spouse may have a claim against the other spouse for reimbursement in accordance with the following Articles.
A claim for reimbursement may be asserted only after termination of the community property regime, unless otherwise provided by law.
Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2362.1. Obligation incurred in an action for divorce

Art. 2362.1. Obligation incurred in an action for divorce
A. An obligation incurred before the date of a judgment of divorce for attorney fees and costs in an action for divorce and in incidental actions is deemed to be a community obligation.
B. The obligation for attorney fees and costs incurred by the perpetrator of abuse or awarded against him in an action for divorce granted pursuant to Article 103(4) or (5) or in an action in which the court determines that a spouse or a child of one of the spouses was the victim of domestic abuse committed by the perpetrator during the marriage, and in incidental actions, shall be a separate obligation of the perpetrator.
Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1; Acts 2015, No. 221, §1; Acts 2018, No. 264, §1.
2023 Louisiana Laws › Civil Code › Art. 2363. Separate obligation

Art. 2363. Separate obligation
A separate obligation of a spouse is one incurred by that spouse prior to the establishment of a community property regime, or one incurred during the existence of a community property regime though not for the common interest of the spouses or for the interest of the other spouse.
An obligation resulting from an intentional wrong or an obligation incurred for the separate property of a spouse is likewise a separate obligation to the extent that it does not benefit both spouses, the family, or the other spouse.
Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2364. Satisfaction of separate obligation with community property or former community property.

Art. 2364. Satisfaction of separate obligation with community property or former community property
If community property has been used during the existence of the community property regime or former community property has been used thereafter to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used.
Acts 1979, No. 709, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2365. Satisfaction of community obligation with separate property

Art. 2365. Satisfaction of community obligation with separate property
If separate property of a spouse has been used either during the existence of the community property regime or thereafter to satisfy a community obligation, that spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used.
If the community obligation was incurred to acquire ownership or use of a community corporeal movable required by law to be registered, and separate property of a spouse has been used after termination to satisfy that obligation, the reimbursement claim shall be reduced in proportion to the value of the claimant's use after termination of the community property regime. The value of that use and the amount of the claim for reimbursement accrued during the use are presumed to be equal.
The liability of a spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations. Nevertheless, if the community obligation was incurred for the ordinary and customary expenses of the marriage, or for the support, maintenance, or education of children of either spouse in keeping with the economic condition of the spouses, the spouse is entitled to reimbursement from the other spouse regardless of the value of that spouse's share of all community property.
Acts 1979, No. 709, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2366. Use of community property or former community property for the benefit of separate property

Art. 2366. Use of community property or former community property for the benefit of separate property
If community property has been used during the existence of the community property regime or former community property has been used thereafter for the acquisition, use, improvement, or benefit of the separate property of a spouse, the other spouse is entitled to reimbursement for one-half of the amount or value that the community property had at the time it was used.
Buildings, other constructions permanently attached to the ground, and plantings made on the separate property of a spouse with community property belong to the owner of the ground. The other spouse is entitled to reimbursement for one-half of the amount or value that the community property had at the time it was used.
Acts 1979, No. 709, §1; Acts 1984, No. 933, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2367. Use of separate property for the benefit of community property

Art. 2367. Use of separate property for the benefit of community property
If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of community property, that spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used. The liability of the spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations.
Buildings, other constructions permanently attached to the ground, and plantings made on community property with separate property of a spouse during the existence of the community property regime are community property. The spouse whose separate property was used is entitled to reimbursement for one-half of the amount or value that the separate property had at the time it was used. The liability of the spouse who owes reimbursement is limited to the value of his share in all community property after deduction of all community obligations.
Acts 1979, No. 709, §1; Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2367.1. Use of separate property for the benefit of separate property

Art. 2367.1. Use of separate property for the benefit of separate property
If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of the other spouse's separate property, the spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used.
Buildings, other constructions permanently attached to the ground, and plantings made on the land of a spouse with the separate property of the other spouse belong to the owner of the ground. The spouse whose property was used is entitled to reimbursement for the amount or value that the property had at the time it was used.
Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2367.2. Component parts of separate property

Art. 2367.2. Component parts of separate property
When a spouse with his own separate property incorporates in or attaches to a separate immovable of the other spouse things that become component parts under Articles 465 and 466, Article 2367.1 applies.
Acts 1984, No. 933, §1; Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2367.3. Satisfaction of separate obligation with separate property

Art. 2367.3. Satisfaction of separate obligation with separate property
If a spouse uses separate property during the existence of the community property regime to satisfy the separate obligation of the other spouse, the spouse whose property was used is entitled to reimbursement for the amount or value the property had at the time it was used.
Acts 2009, No. 204, §1.
2023 Louisiana Laws › Civil Code › Art. 2368. Increase of the value of separate property.

Art. 2368. Increase of the value of separate property.
If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2369. Accounting between spouses; prescription.

Art. 2369. Accounting between spouses; prescription.
A spouse owes an accounting to the other spouse for community property under his control at the termination of the community property regime.
The obligation to account prescribes in three years from the date of termination of the community property regime.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.1. Application of co-ownership provisions

Art. 2369.1. Application of co-ownership provisions
After termination of the community property regime, the provisions governing co-ownership apply to former community property, unless otherwise provided by law or by juridical act.
When the community property regime terminates for a cause other than death or judgment of declaration of death of a spouse, the following Articles also apply to former community property until a partition, or the death or judgment of declaration of death of a spouse.
Acts 1990, No. 991, §1; Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.3. Duty to preserve; standard of care

Art. 2369.3. Duty to preserve; standard of care
A spouse has a duty to preserve and to manage prudently former community property under his control in a manner consistent with the mode of use of that property immediately prior to termination of the community regime. He is answerable for any damage caused by his fault, default, or neglect.
Acts 1995, No. 433, §1; Acts 2017, No. 197, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.4. Alienation, encumbrance, or lease prohibited

Art. 2369.4. Alienation, encumbrance, or lease prohibited
A spouse may not alienate, encumber, or lease former community property or his undivided community interest in that property without the concurrence of the other spouse, except as provided in the following Articles. In the absence of such concurrence, the alienation, encumbrance, or lease is a relative nullity.
Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.6. Alienation, encumbrance, or lease of movable assets of former community enterprise

Art. 2369.6. Alienation, encumbrance, or lease of movable assets of former community enterprise
The spouse who is the sole manager of a former community enterprise may alienate, encumber, or lease its movables in the regular course of business.
Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.7. Court authorization to act alone

Art. 2369.7. Court authorization to act alone
A spouse may be authorized by the court in a summary proceeding to act without the concurrence of the other spouse, upon showing all of the following:
(1) The action is necessary.
(2) The action is in the best interest of the petitioning spouse and not detrimental to the interest of the nonconcurring spouse.
(3) The other spouse is an absent person or arbitrarily refuses to concur, or is unable to concur due to physical incapacity, mental incompetence, commitment, imprisonment, or temporary absence.
Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2369.8. Right to partition; no exclusion by agreement; judicial partition

Art. 2369.8. Right to partition; no exclusion by agreement; judicial partition
A spouse has the right to demand partition of former community property at any time. A contrary agreement is absolutely null.
If the spouses are unable to agree on the partition, either spouse may demand judicial partition which shall be conducted in accordance with R.S. 9:2801.
Acts 1995, No. 433, §1.
2023 Louisiana Laws › Civil Code › Art. 2374. Judgment of separation of property

Art. 2374. Judgment of separation of property
A. When the interest of a spouse in a community property regime is threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the affairs of the other spouse, he may obtain a judgment decreeing separation of property.
B. When a spouse is an absent person, the other spouse is entitled to a judgment decreeing separation of property.
C. When a petition for divorce has been filed, upon motion of either spouse, a judgment decreeing separation of property may be obtained upon proof that the spouses have lived separate and apart without reconciliation for at least thirty days from the date of, or prior to, the filing of the petition for divorce.
D. When the spouses have lived separate and apart continuously for a period of six months, a judgment decreeing separation of property shall be granted on the petition of either spouse.
Acts 1992, No. 295, §1; Acts 1993, No. 25, §1; Acts 1993, No. 627, §1; Acts 2010, No. 603, §1, eff. June 25, 2010.
2023 Louisiana Laws › Civil Code › Art. 2375. Effect of judgment

Art. 2375. Effect of judgment
A. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment.
B. If a judgment has been rendered, in accordance with Article 2374(C) or (D), a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of its termination, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner.
C. If a judgment is rendered on the ground that the spouses were living separate and apart without having reconciled for at least thirty days from the date of, or prior to, the filing of the petition for divorce, the judgment shall be effective retroactively to the date the petition for divorce was filed, without prejudice to rights validly acquired in the interim.
Acts 1992, No. 295, §1; Acts 1993, No. 25, §1; Acts 1993, No. 627, §1; Acts 1997, No. 35, §1; Acts 2010, No. 603, §1, eff. June 25, 2010; Acts 2017, No. 197, §1.
2023 Louisiana Laws › Civil Code › Art. 2376. Rights of creditors.

Art. 2376. Rights of creditors.
The creditors of a spouse, by intervention in the proceeding, may object to the separation of property or modification of their matrimonial regime as being in fraud of their rights. They also may sue to annul a judgment of separation of property within one year from the date of the rendition of the final judgment. After execution of the judgment, they may assert nullity only to the extent that they have been prejudiced.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2377. Arts. 2377 to 2431 Repealed by Acts 1978, No. 627, 6; Acts 1979, No. 709, 1

Art. 2377. Arts. 2377 to 2431 Repealed by Acts 1978, No. 627, §6; Acts 1979, No. 709, §1
2023 Louisiana Laws › Civil Code › Art. 2433. Incident of marriage; charge on the succession.

Art. 2433. Incident of marriage; charge on the succession.
The marital portion is an incident of any matrimonial regime and a charge on the succession of the deceased spouse. It may be claimed by the surviving spouse, even if separated from the deceased, on proof that the separation occurred without his fault.
Acts 1979, No. 710, §1.
2023 Louisiana Laws › Civil Code › Art. 2434. Quantum

Art. 2434. Quantum
The marital portion is one-fourth of the succession in ownership if the deceased died without children, the same fraction in usufruct for life if he is survived by three or fewer children, and a child's share in such usufruct if he is survived by more than three children. In no event, however, shall the amount of the marital portion exceed one million dollars.
Acts 1979, No. 710, §1; Acts 1987, No. 289, §1.
2023 Louisiana Laws › Civil Code › Art. 2437. Periodic allowance.

Art. 2437. Periodic allowance.
When, during the administration of the succession, it appears that the surviving spouse will be entitled to the marital portion, he has the right to demand and receive a periodic allowance from the succession representative.
The amount of the allowance is fixed by the court in which the succession proceeding is pending. If the marital portion, as finally fixed, is less than the allowance, the surviving spouse is charged with the deficiency.
Acts 1979, No. 710, §1.
2023 Louisiana Laws › Civil Code › Art. 2438. Rules of other titles

TITLE VII--OF SALE
CHAPTER 1--OF THE NATURE AND FORM OF THE
CONTRACT OF SALE
Art. 2438. Rules of other titles
In all matters for which no special provision is made in this title, the contract of sale is governed by the rules of the titles on Obligations in General and Conventional Obligations or Contracts.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2442. Recordation of sale of immovable to affect third parties

Art. 2442. Recordation of sale of immovable to affect third parties
The parties to an act of sale or promise of sale of immovable property are bound from the time the act is made, but such an act is not effective against third parties until it is filed for registry according to the laws of registry.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 2447. Sale of litigious rights, prohibitions

CHAPTER 2. OF PERSONS CAPABLE OF BUYING AND SELLING
Art. 2447. Sale of litigious rights, prohibitions
Officers of a court, such as judges, attorneys, clerks, and law enforcement agents, cannot purchase litigious rights under contestation in the jurisdiction of that court. The purchase of a litigious right by such an officer is null and makes the purchaser liable for all costs, interest, and damages.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2448. Things that may be sold

CHAPTER 3. OF THINGS WHICH MAY BE SOLD
Art. 2448. Things that may be sold
All things corporeal or incorporeal, susceptible of ownership, may be the object of a contract of sale, unless the sale of a particular thing is prohibited by law.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2450. Sale of future things

Art. 2450. Sale of future things
A future thing may be the object of a contract of sale. In such a case the coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2451. Sale of a hope

Art. 2451. Sale of a hope
A hope may be the object of a contract of sale. Thus, a fisherman may sell a haul of his net before he throws it. In that case the buyer is entitled to whatever is caught in the net, according to the parties' expectations, and even if nothing is caught the sale is valid.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2453. Sale of thing pending litigation of ownership

Art. 2453. Sale of thing pending litigation of ownership
When the ownership of a thing is the subject of litigation, the sale of that thing during the pendency of the suit does not affect the claimant's rights. Where the thing is immovable, the rights of third persons are governed by the laws of registry.
Amended by Acts 1878, No. 3; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2456. Transfer of ownership

CHAPTER 4. HOW THE CONTRACT OF SALE
IS TO BE PERFECTED
Art. 2456. Transfer of ownership
Ownership is transferred between the parties as soon as there is agreement on the thing and the price is fixed, even though the thing sold is not yet delivered nor the price paid.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2457. Transfer of ownership; things not individualized

Art. 2457. Transfer of ownership; things not individualized
When the object of a sale is a thing that must be individualized from a mass of things of the same kind, ownership is transferred when the thing is thus individualized according to the intention of the parties.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2458. Sale by weight, tale or measure; lump sales

Art. 2458. Sale by weight, tale or measure; lump sales
When things are sold by weight, tale, or measure, ownership is transferred between the parties when the seller, with the buyer's consent, weighs, counts or measures the things.
When things, such as goods or produce, are sold in a lump, ownership is transferred between the parties upon their consent, even though the things are not yet weighed, counted, or measured.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2464. Price, essential elements

CHAPTER 5. OF THE PRICE OF THE CONTRACT OF SALE
Art. 2464. Price, essential elements
The price must be fixed by the parties in a sum either certain or determinable through a method agreed by them. There is no sale unless the parties intended that a price be paid.
The price must not be out of all proportion with the value of the thing sold. Thus, the sale of a plantation for a dollar is not a sale, though it may be a donation in disguise.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2465. Price left to determination by third person

Art. 2465. Price left to determination by third person
The price may be left to the determination of a third person. If the parties fail to agree on or to appoint such a person, or if the one appointed is unable or unwilling to make a determination, the price may be determined by the court.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2466. No price fixed by the parties

Art. 2466. No price fixed by the parties
When the thing sold is a movable of the kind that the seller habitually sells and the parties said nothing about the price, or left it to be agreed later and they fail to agree, the price is a reasonable price at the time and place of delivery. If there is an exchange or market for such things, the quotations or price lists of the place of delivery or, in their absence, those of the nearest market, are a basis for the determination of a reasonable price.
Nevertheless, if the parties intend not to be bound unless a price be agreed on, there is no contract without such an agreement.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2467. Transfer of risk

CHAPTER 6. AT WHOSE RISK THE THING IS, AFTER
THE SALE IS COMPLETED
Art. 2467. Transfer of risk
The risk of loss of the thing sold owing to a fortuitous event is transferred from the seller to the buyer at the time of delivery.
That risk is so transferred even when the seller has delivered a nonconforming thing, unless the buyer acts in the manner required to dissolve the contract.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2474. Construction of ambiguities respecting obligations of seller

CHAPTER 7. OF THE OBLIGATIONS OF THE SELLER
Art. 2474. Construction of ambiguities respecting obligations of seller
The seller must clearly express the extent of his obligations arising from the contract, and any obscurity or ambiguity in that expression must be interpreted against the seller.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2475. Seller's obligations of delivery and warranty.

Art. 2475. Seller's obligations of delivery and warranty.
The seller is bound to deliver the thing sold and to warrant to the buyer ownership and peaceful possession of, and the absence of hidden defects in, that thing. The seller also warrants that the thing sold is fit for its intended use.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2477. Methods of making delivery

Art. 2477. Methods of making delivery
Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership.
Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller's handing over to the buyer the key to the place where the thing is stored, or by negotiating to him a document of title to the thing, or even by the mere consent of the parties if the thing sold cannot be transported at the time of the sale or if the buyer already has the thing at that time.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2480. Retention of possession by seller, presumption of simulation

Art. 2480. Retention of possession by seller, presumption of simulation
When the thing sold remains in the corporeal possession of the seller the sale is presumed to be a simulation, and, where the interest of heirs and creditors of the seller is concerned, the parties must show that their contract is not a simulation.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2481. Incorporeals, method of making delivery

Art. 2481. Incorporeals, method of making delivery
Delivery of incorporeal movable things incorporated into an instrument, such as stocks and bonds, takes place by negotiating such instrument to the buyer. Delivery of other incorporeal movables, such as credit rights, takes place upon the transfer of those movables.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2484. Place of delivery

Art. 2484. Place of delivery
Delivery must be made at the place agreed upon by the parties or intended by them. In the absence of such agreement or intent, delivery must be made at the place where the thing is located at the time of the sale.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2485. Buyer's rights upon default, damages

Art. 2485. Buyer's rights upon default, damages
When the seller fails to deliver or to make timely delivery of the thing sold, the buyer may demand specific performance of the obligation of the seller to deliver, or may seek dissolution of the sale.
In either case, and also when the seller has made a late delivery, the buyer may seek damages.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2487. Delivery excused until payment of price and for insolvency

Art. 2487. Delivery excused until payment of price and for insolvency
The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2489. Condition of thing at time of delivery

Art. 2489. Condition of thing at time of delivery
The seller must deliver the thing sold in the condition that, at the time of the sale, the parties expected, or should have expected, the thing to be in at the time of delivery, according to its nature.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2492. Sale of immovables at a price per measure

Art. 2492. Sale of immovables at a price per measure
If the sale of an immovable has been made with indication of the extent of the premises at the rate of so much per measure, but the seller is unable to deliver the full extent specified in the contract, the price must be proportionately reduced.
If the extent delivered by the seller is greater than that specified in the contract, the buyer must pay to the seller a proportionate supplement of the price. The buyer may recede from the sale when the actual extent of the immovable sold exceeds by more than one twentieth the extent specified in the contract.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2494. Sale of immovable for lump price

Art. 2494. Sale of immovable for lump price
When the sale of an immovable has been made with indication of the extent of the premises, but for a lump price, the expression of the measure does not give the seller the right to a proportionate increase of the price, nor does it give the buyer the right to a proportionate diminution of the price, unless there is a surplus, or a shortage, of more than one twentieth of the extent specified in the act of sale.
When the surplus is such as to give the seller the right to an increase of the price the buyer has the option either to pay that increase or to recede from the contract.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2495. Sale of a certain and limited body or of a distinct object for a lump price

Art. 2495. Sale of a certain and limited body or of a distinct object for a lump price
When an immovable described as a certain and limited body or a distinct object is sold for a lump price, an expression of the extent of the immovable in the act of sale does not give the parties any right to an increase or diminution of the price in case of surplus or shortage in the actual extension of the immovable.
Amended by Acts 1871, No. 87; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2497. Restitution of price and expenses in case of rescission

Art. 2497. Restitution of price and expenses in case of rescission
When the buyer has the right to recede from the contract the seller must return the price, if he has already received it, and also reimburse the buyer for the expenses of the sale.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2498. Prescription of actions for supplement or diminution of price or for dissolution

Art. 2498. Prescription of actions for supplement or diminution of price or for dissolution
The seller's action for an increase of the price and the buyer's actions for diminution of the price or dissolution of the sale for shortage or excessive surplus in the extent of the immovable sold prescribe one year from the day of the sale.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2500. Eviction, definition, scope of warranty

CHAPTER 8. EVICTION
Art. 2500. Eviction, definition, scope of warranty
The seller warrants the buyer against eviction, which is the buyer's loss of, or danger of losing, the whole or part of the thing sold because of a third person's right that existed at the time of the sale. The warranty also covers encumbrances on the thing that were not declared at the time of the sale, with the exception of apparent servitudes and natural and legal nonapparent servitudes, which need not be declared.
If the right of the third person is perfected only after the sale through the negligence of the buyer, though it arises from facts that took place before, the buyer has no claim in warranty.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2502. Transfer of rights to a thing

Art. 2502. Transfer of rights to a thing
A person may transfer to another whatever rights to a thing he may then have, without warranting the existence of any such rights. In such a case the transferor does not owe restitution of the price to the transferee in case of eviction, nor may that transfer be rescinded for lesion.
Such a transfer does not give rise to a presumption of bad faith on the part of the transferee and is a just title for the purposes of acquisitive prescription.
If the transferor acquires ownership of the thing after having transferred his rights to it, the after-acquired title of the transferor does not inure to the benefit of the transferee.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2503. Modification or exclusion of warranty, seller's liability for personal acts, restitution of price in case of eviction

Art. 2503. Modification or exclusion of warranty, seller's liability for personal acts, restitution of price in case of eviction
The warranty against eviction is implied in every sale. Nevertheless, the parties may agree to increase or to limit the warranty. They may also agree to an exclusion of the warranty, but even in that case the seller must return the price to the buyer if eviction occurs, unless it is clear that the buyer was aware of the danger of eviction, or the buyer has declared that he was buying at his peril and risk, or the seller's obligation of returning the price has been expressly excluded.
In all those cases the seller is liable for an eviction that is occasioned by his own act, and any agreement to the contrary is null.
The buyer is subrogated to the rights in warranty of the seller against other persons, even when the warranty is excluded.
Amended by Acts 1924, No. 116; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2506. Rights of buyer against seller in case of eviction

Art. 2506. Rights of buyer against seller in case of eviction
A buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the third person who evicted him, and also other damages sustained because of the eviction with the exception of any increase in value of the thing lost.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2507. Restitution of full price despite deterioration, deduction of damage when benefit to buyer

Art. 2507. Restitution of full price despite deterioration, deduction of damage when benefit to buyer
A seller liable for eviction must return the full price to the buyer even if, at the time of the eviction, the value of the thing has been diminished due to any cause including the buyer's neglect.
Nevertheless, if the buyer has benefited from a diminution in value caused by his own act, the amount of his benefit must be deducted from the total owed to him by the seller because of the eviction.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2509. Reimbursement to buyer for useful improvements, liability of seller in bad faith

Art. 2509. Reimbursement to buyer for useful improvements, liability of seller in bad faith
A seller liable for eviction must reimburse the buyer for the cost of useful improvements to the thing made by the buyer. If the seller knew at the time of the sale that the thing belonged to a third person, he must reimburse the buyer for the cost of all improvements.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
2023 Louisiana Laws › Civil Code › Art. 2511. Partial eviction, rights of buyer

Art. 2511. Partial eviction, rights of buyer
When the buyer is evicted from only a part of the thing sold, he may obtain rescission of the sale if he would not have bought the thing without that part. If the sale is not rescinded, the buyer is entitled to a diminution of the price in the proportion that the value of the part lost bears to the value of the whole at the time of the sale.
Acts 1993, No. 841, §1, eff. Jan. 1, 1995.