reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 2020. Contracts made by more than two parties

Art. 2020. Contracts made by more than two parties
When a contract has been made by more than two parties, one party's failure to perform may not cause dissolution of the contract for the other parties, unless the performance that failed was essential to the contract.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2021. Rights of third party in good faith

Art. 2021. Rights of third party in good faith
Dissolution of a contract does not impair the rights acquired through an onerous contract by a third party in good faith.
If the contract involves immovable property, the principles of recordation apply to a third person acquiring an interest in the property whether by onerous or gratuitous title.
Acts 1984, No. 331, §1, eff. July 1, 1985; Acts 2005, No. 169, §2, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 2023. Security for performance

Art. 2023. Security for performance
If the situation of a party, financial or otherwise, has become such as to clearly endanger his ability to perform an obligation, the other party may demand in writing that adequate security be given and, upon failure to give that security, that party may withhold or discontinue his own performance.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2025. Definition; simulation and counterletter

CHAPTER 10. SIMULATION
Art. 2025. Definition; simulation and counterletter
A contract is a simulation when, by mutual agreement, it does not express the true intent of the parties.
If the true intent of the parties is expressed in a separate writing, that writing is a counterletter.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2027. Relative simulation

Art. 2027. Relative simulation
A simulation is relative when the parties intend that their contract shall produce effects between them though different from those recited in their contract. A relative simulation produces between the parties the effects they intended if all requirements for those effects have been met.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2028. Effects as to third persons

Art. 2028. Effects as to third persons
Any simulation, either absolute or relative, may have effects as to third persons.
Counterletters can have no effects against third persons in good faith. Nevertheless, if the counterletter involves immovable property, the principles of recordation apply with respect to third persons.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2012, No. 277, §1.
2023 Louisiana Laws › Civil Code › Art. 2030. Absolute nullity of contracts

Art. 2030. Absolute nullity of contracts
A contract is absolutely null when it violates a rule of public order, as when the object of a contract is illicit or immoral. A contract that is absolutely null may not be confirmed.
Absolute nullity may be invoked by any person or may be declared by the court on its own initiative.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2031. Relative nullity of contracts

Art. 2031. Relative nullity of contracts
A contract is relatively null when it violates a rule intended for the protection of private parties, as when a party lacked capacity or did not give free consent at the time the contract was made. A contract that is only relatively null may be confirmed.
Relative nullity may be invoked only by those persons for whose interest the ground for nullity was established, and may not be declared by the court on its own initiative.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2032. Prescription of action

Art. 2032. Prescription of action
Action for annulment of an absolutely null contract does not prescribe.
Action of annulment of a relatively null contract must be brought within five years from the time the ground for nullity either ceased, as in the case of incapacity or duress, or was discovered, as in the case of error or fraud.
Nullity may be raised at any time as a defense against an action on the contract, even after the action for annulment has prescribed.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2033. Effects

Art. 2033. Effects
An absolutely null contract, or a relatively null contract that has been declared null by the court, is deemed never to have existed. The parties must be restored to the situation that existed before the contract was made. If it is impossible or impracticable to make restoration in kind, it may be made through an award of damages.
Nevertheless, a performance rendered under a contract that is absolutely null because its object or its cause is illicit or immoral may not be recovered by a party who knew or should have known of the defect that makes the contract null. The performance may be recovered, however, when that party invokes the nullity to withdraw from the contract before its purpose is achieved and also in exceptional situations when, in the discretion of the court, that recovery would further the interest of justice.
Absolute nullity may be raised as a defense even by a party who, at the time the contract was made, knew or should have known of the defect that makes the contract null.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2034. Nullity of a provision

Art. 2034. Nullity of a provision
Nullity of a provision does not render the whole contract null unless, from the nature of the provision or the intention of the parties, it can be presumed that the contract would not have been made without the null provision.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2035. Rights of third party in good faith

Art. 2035. Rights of third party in good faith
Nullity of a contract does not impair the rights acquired through an onerous contract by a third party in good faith.
If the contract involves immovable property, the principles of recordation apply to a third person acquiring an interest in the property whether by onerous or gratuitous title.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; 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. 2036. Act of the obligor that causes or increases his insolvency

CHAPTER 12. REVOCATORY ACTION AND OBLIQUE ACTION
SECTION 1. REVOCATORY ACTION
Art. 2036. Act of the obligor that causes or increases his insolvency
An obligee has a right to annul an act of the obligor, or the result of a failure to act of the obligor, made or effected after the right of the obligee arose, that causes or increases the obligor's insolvency.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 552, §1; Acts 2004, No. 447, §1.
2023 Louisiana Laws › Civil Code › Art. 2037. Insolvency

Art. 2037. Insolvency
An obligor is insolvent when the total of his liabilities exceeds the total of his fairly appraised assets.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 552, §1; Acts 2004, No. 447, §1.
2023 Louisiana Laws › Civil Code › Art. 2038. Onerous contract made by the obligor

Art. 2038. Onerous contract made by the obligor
An obligee may annul an onerous contract made by the obligor with a person who knew or should have known that the contract would cause or increase the obligor's insolvency. In that case, the person is entitled to recover what he gave in return only to the extent that it has inured to the benefit of the obligor's creditors.
An obligee may annul an onerous contract made by the obligor with a person who did not know that the contract would cause or increase the obligor's insolvency, but in that case that person is entitled to recover as much as he gave to the obligor. That lack of knowledge is presumed when that person has given at least four-fifths of the value of the thing obtained in return from the obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2039. Gratuitous contract made by the obligor

Art. 2039. Gratuitous contract made by the obligor
An obligee may attack a gratuitous contract made by the obligor whether or not the other party knew that the contract would cause or increase the obligor's insolvency.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2041. Action must be brought within one year

Art. 2041. Action must be brought within one year
The action of the obligee must be brought within one year from the time he learned or should have learned of the act, or the result of the failure to act, of the obligor that the obligee seeks to annul, but never after three years from the date of that act or result.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2013, No. 88, §1; Acts 2021, No. 414, §1.
2023 Louisiana Laws › Civil Code › Art. 2042. Obligee must join obligor and third persons

Art. 2042. Obligee must join obligor and third persons
In an action to annul either his obligor's act, or the result of his obligor's failure to act, the obligee must join the obligor and the third persons involved in that act or failure to act.
A third person joined in the action may plead discussion of the obligor's assets.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2043. Assets transferred must be returned

Art. 2043. Assets transferred must be returned
If an obligee establishes his right to annul his obligor's act, or the result of his obligor's failure to act, that act or result shall be annulled only to the extent that it affects the obligee's right.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2044. Insolvency by failure to exercise right

SECTION 2. OBLIQUE ACTION
Art. 2044. Insolvency by failure to exercise right
If an obligor causes or increases his insolvency by failing to exercise a right, the obligee may exercise it himself, unless the right is strictly personal to the obligor.
For that purpose, the obligee must join in the suit his obligor and the third person against whom that right is asserted.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2052. Situation to which the contract applies

Art. 2052. Situation to which the contract applies
When the parties intend a contract of general scope but, to eliminate doubt, include a provision that describes a specific situation, interpretation must not restrict the scope of the contract to that situation alone.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2053. Nature of contract, equity, usages, conduct of the parties, and other contracts between same parties

Art. 2053. Nature of contract, equity, usages, conduct of the parties, and other contracts between same parties
A doubtful provision must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2054. No provision of the parties for a particular situation

Art. 2054. No provision of the parties for a particular situation
When the parties made no provision for a particular situation, it must be assumed that they intended to bind themselves not only to the express provisions of the contract, but also to whatever the law, equity, or usage regards as implied in a contract of that kind or necessary for the contract to achieve its purpose.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2055. Equity and usage

Art. 2055. Equity and usage
Equity, as intended in the preceding articles, is based on the principles that no one is allowed to take unfair advantage of another and that no one is allowed to enrich himself unjustly at the expense of another.
Usage, as intended in the preceding articles, is a practice regularly observed in affairs of a nature identical or similar to the object of a contract subject to interpretation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2056. Standard-form contracts

Art. 2056. Standard-form contracts
In case of doubt that cannot be otherwise resolved, a provision in a contract must be interpreted against the party who furnished its text.
A contract executed in a standard form of one party must be interpreted, in case of doubt, in favor of the other party.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2057. Contract interpreted in favor of obligor

Art. 2057. Contract interpreted in favor of obligor
In case of doubt that cannot be otherwise resolved, a contract must be interpreted against the obligee and in favor of the obligor of a particular obligation.
Yet, if the doubt arises from lack of a necessary explanation that one party should have given, or from negligence or fault of one party, the contract must be interpreted in a manner favorable to the other party whether obligee or obligor.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2058. Arts. 2058 to 2291 Repealed by Acts 1984, No. 331, 1, eff. Jan. 1, 1985.

Art. 2058. Arts. 2058 to 2291 Repealed by Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2292. Management of affairs; definition

TITLE V. OBLIGATIONS ARISING WITHOUT AGREEMENT
CHAPTER 1--MANAGEMENT OF AFFAIRS
(
Negotiorum Gestio
)
Art. 2292. Management of affairs; definition
There is a management of affairs when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2294. Duties of the manager; notice to the owner

Art. 2294. Duties of the manager; notice to the owner
The manager is bound, when the circumstances so warrant, to give notice to the owner that he has undertaken the management and to wait for the directions of the owner, unless there is immediate danger.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2295. Duties of the manager; liability for loss

Art. 2295. Duties of the manager; liability for loss
The manager must exercise the care of a prudent administrator and is answerable for any loss that results from his failure to do so. The court, considering the circumstances, may reduce the amount due the owner on account of the manager's failure to act as a prudent administrator.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2296. Capacity

Art. 2296. Capacity
An incompetent person or a person of limited legal capacity may be the owner of an affair, but he may not be a manager. When such a person manages the affairs of another, the rights and duties of the parties are governed by the law of enrichment without cause or the law of delictual obligations.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2298. Enrichment without cause; compensation

CHAPTER 2--ENRICHMENT WITHOUT CAUSE
SECTION 1. GENERAL PRINCIPLES
Art. 2298. Enrichment without cause; compensation
A person who has been enriched without cause at the expense of another person is bound to compensate that person. The term "without cause" is used in this context to exclude cases in which the enrichment results from a valid juridical act or the law. The remedy declared here is subsidiary and shall not be available if the law provides another remedy for the impoverishment or declares a contrary rule.
The amount of compensation due is measured by the extent to which one has been enriched or the other has been impoverished, whichever is less.
The extent of the enrichment or impoverishment is measured as of the time the suit is brought or, according to the circumstances, as of the time the judgment is rendered.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2299. Obligation to restore

SECTION 2. PAYMENT OF A THING NOT OWED
Art. 2299. Obligation to restore
A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2302. Payment of the debt of another person

Art. 2302. Payment of the debt of another person
A person who paid the debt of another person in the erroneous belief that he was himself the obligor may reclaim the payment from the obligee. The payment may not be reclaimed to the extent that the obligee, because of the payment, disposed of the instrument or released the securities relating to the claim. In such a case, the person who made the payment has a recourse against the true obligor.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2304. Restoration of a thing or its value

Art. 2304. Restoration of a thing or its value
When the thing not owed is an immovable or a corporeal movable, the person who received it is bound to restore the thing itself, if it exists.
If the thing has been destroyed, damaged, or cannot be returned, a person who received the thing in good faith is bound to restore its value if the loss was caused by his fault. A person who received the thing in bad faith is bound to restore its value even if the loss was not caused by his fault.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2305. Liability when the thing is alienated

Art. 2305. Liability when the thing is alienated
A person who in good faith alienated a thing not owed to him is only bound to restore whatever he obtained from the alienation. If he received the thing in bad faith, he owes, in addition, damages to the person to whom restoration is due.
Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Civil Code › Art. 2315. Liability for acts causing damages

CHAPTER 3--OF OFFENSES AND QUASI OFFENSES
Art. 2315. Liability for acts causing damages
A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged.
Amended by Acts 1884, No. 71; Acts 1908, No. 120, §1; Acts 1918, No. 159, §1; Acts 1932, No. 159, §1; Acts 1948, No. 333, §1; Acts 1960, No. 30, §1; Acts 1982, No. 202, §1; Acts 1984, No. 397, §1; Acts 1986, No. 211, §1; Acts 1999, No. 989, §1, eff. July 9, 1999; Acts 2001, No. 478, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.1. Survival action

Art. 2315.1. Survival action
A. If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased in favor of:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's succession representative in the absence of any class of beneficiary set out in Paragraph A.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
Acts 1986, No. 211, §2; Acts 1987, No. 675, §1; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 2022, No. 718, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.2. Wrongful death action

Art. 2315.2. Wrongful death action
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
Acts 1986, No. 211, §2; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 2022, No. 718, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.3. Additional damages; child pornography

Art. 2315.3. Additional damages; child pornography
In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of the person through an act of pornography involving juveniles, as defined by R.S. 14:81.1, regardless of whether the defendant was prosecuted for his acts.
Acts 2009, No. 382, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.4. Additional damages; intoxicated defendant

Art. 2315.4. Additional damages; intoxicated defendant
In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.
Acts 1984, No. 511, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.5. Wrongful death and survival action; exception

Art. 2315.5. Wrongful death and survival action; exception
Notwithstanding any other provision of law to the contrary, the surviving spouse, parent, or child of a deceased, who has been convicted of a crime involving the intentional killing or attempted killing of the deceased, or, if not convicted, who has been judicially determined to have participated in the intentional, unjustified killing or attempted killing of the deceased, shall not be entitled to any damages or proceeds in a survival action or an action for wrongful death of the deceased, or to any proceeds distributed in settlement of any such cause of action. In such case, the other child or children of the deceased, or if the deceased left no other child surviving, the other survivors enumerated in the applicable provisions of Articles 2315.1(A) and 2315.2(A), in order of preference stated, may bring a survival action against such surviving spouse, parent, or child, or an action against such surviving spouse, parent, or child for the wrongful death of the deceased.
An executive pardon shall not restore the surviving spouse's, parent's, or child's right to any damages or proceeds in a survival action or an action for wrongful death of the deceased.
Acts 1987, No. 690, §1; Acts 1991, No. 180, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.6. Liability for damages caused by injury to another

Art. 2315.6. Liability for damages caused by injury to another
A. The following persons who view an event causing injury to another person, or who come upon the scene of the event soon thereafter, may recover damages for mental anguish or emotional distress that they suffer as a result of the other person's injury:
(1) The spouse, child or children, and grandchild or grandchildren of the injured person, or either the spouse, the child or children, or the grandchild or grandchildren of the injured person.
(2) The father and mother of the injured person, or either of them.
(3) The brothers and sisters of the injured person or any of them.
(4) The grandfather and grandmother of the injured person, or either of them.
B. To recover for mental anguish or emotional distress under this Article, the injured person must suffer such harm that one can reasonably expect a person in the claimant's position to suffer serious mental anguish or emotional distress from the experience, and the claimant's mental anguish or emotional distress must be severe, debilitating, and foreseeable.
Damages suffered as a result of mental anguish or emotional distress for injury to another shall be recovered only in accordance with this Article.
Acts 1991, No. 782, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.7. Liability for damages caused by criminal sexual activity occurring during childhood

Art. 2315.7. Liability for damages caused by criminal sexual activity occurring during childhood
In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of the person through criminal sexual activity which occurred when the victim was seventeen years old or younger, regardless of whether the defendant was prosecuted for his or her acts. The provisions of this Article shall be applicable only to the perpetrator of the criminal sexual activity.
Acts 1993, No. 831, §1, eff. June 22, 1993.
2023 Louisiana Laws › Civil Code › Art. 2315.8. Liability for damages caused by domestic abuse

Art. 2315.8. Liability for damages caused by domestic abuse
A. In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of a family or household member, as defined in R.S. 46:2132, through acts of domestic abuse resulting in serious bodily injury or severe emotional and mental distress, regardless of whether the defendant was prosecuted for his or her acts.
B. Upon motion of the defendant or upon its own motion, if the court determines that an action seeking damages under this Article is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.
Acts 2014, No. 315, §1; Acts 2018, No. 264, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.9. Liability for damages caused by acts of terror

Art. 2315.9. Liability for damages caused by acts of terror
A. In addition to general and special damages, a prevailing plaintiff shall also be awarded court costs and reasonable attorney fees in the appropriate district or appellate court upon proof that the injuries on which the action is based were caused by an act of terror or terrorism resulting in injury to the person or damage to the person's property, regardless of whether the defendant was prosecuted for his acts.
B. The rights and remedies provided by this Article are in addition to any other rights and remedies provided by law.
C. As used in this Article, the terms shall be defined as follows:
(1) "Act of terror" or "terrorism" means the commission of any of the acts occurring primarily in this state and as enumerated in this Subparagraph, when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion:
(a) Intentional killing of a human being.
(b) Intentional infliction of serious bodily injury upon a human being.
(c) Kidnapping of a human being.
(d) Aggravated arson upon any structure, watercraft, or movable.
(e) Aggravated criminal damage to property.
(2) "Terrorist" means a person who knowingly does any of the following:
(a) Commits an act of terror.
(b) Acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror.
(c) Lends material support to an act of terror.
D. Upon motion of the defendant or upon its own motion, if the court determines that any action alleging an act of terror is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.
E. An action under the provisions of this Article shall be subject to a liberative prescriptive period of two years.
Acts 2015, No. 337, §1.
2023 Louisiana Laws › Civil Code › Art. 2315.10. Liability for death caused by hazing; additional damages

Art. 2315.10. Liability for death caused by hazing; additional damages
In addition to general and special damages, exemplary damages may be awarded upon proof that the death on which the action is based was caused by a wanton and reckless disregard for the rights and safety of the victim through an act of hazing, as defined by R.S. 17:1801, regardless of whether the defendant was prosecuted for his acts.
Acts 2018, No. 481, §1, eff. May 25, 2018.
2023 Louisiana Laws › Civil Code › Art. 2315.11. Liability for damages caused by sexual assault

Art. 2315.11. Liability for damages caused by sexual assault
A. In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by an act or acts of sexual assault in the workplace.
B. The provisions of this Article shall be applicable only to the perpetrator of the sexual assault.
C. Upon motion of the defendant or upon its own motion, if the court determines that an action seeking damages under this Article is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.
D. An action under the provisions of this Article shall be subject to a liberative prescriptive period provided for in Article 3496.2.
E. As used in this Article, sexual assault is as defined in R.S. 46:2184.
Acts 2021, No. 411, §1.
2023 Louisiana Laws › Civil Code › Art. 2317.1. Damage caused by ruin, vice, or defect in things

Art. 2317.1. Damage caused by ruin, vice, or defect in things
The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 2318. Acts of a minor

Art. 2318. Acts of a minor
The father and the mother are responsible for the damage occasioned by their minor child, who resides with them or who has been placed by them under the care of other persons, reserving to them recourse against those persons. However, the father and mother are not responsible for the damage occasioned by their minor child who has been emancipated by marriage, by judgment of full emancipation, or by judgment of limited emancipation that expressly relieves the parents of liability for damages occasioned by their minor child.
The same responsibility attaches to the tutors of minors.
Acts 1984, No. 578, §1; Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 2320. Acts of servants, students or apprentices

Art. 2320. Acts of servants, students or apprentices
Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.
Teachers and artisans are answerable for the damage caused by their scholars or apprentices, while under their superintendence.
In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it.
The master is answerable for the offenses and quasi-offenses committed by his servants, according to the rules which are explained under the title: Of quasi-contracts, and of offenses and quasi-offenses.
2023 Louisiana Laws › Civil Code › Art. 2321. Damage caused by animals

Art. 2321. Damage caused by animals
The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 2322. Damage caused by ruin of building

Art. 2322. Damage caused by ruin of building
The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice or defect in its original* construction. However, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
*"Original" has no counterpart in French text.
2023 Louisiana Laws › Civil Code › Art. 2322.1. Users of blood or tissue; a medical service

Art. 2322.1. Users of blood or tissue; a medical service
A. The screening, procurement, processing, distribution, transfusion, or medical use of human blood and blood components of any kind and the transplantation or medical use of any human organ, human tissue, or approved animal tissue by physicians, dentists, hospitals, hospital blood banks, and nonprofit community blood banks is declared to be, for all purposes whatsoever, the rendition of a medical service by each and every physician, dentist, hospital, hospital blood bank, and nonprofit community blood bank participating therein, and shall not be construed to be and is declared not to be a sale. Strict liability and warranties of any kind without negligence shall not be applicable to the aforementioned who provide these medical services.
B. In any action based in whole or in part on the use of blood or tissue by a healthcare provider, to which the provisions of Paragraph A do not apply, the plaintiff shall have the burden of proving all elements of his claim, including a defect in the thing sold and causation of his injuries by the defect, by a preponderance of the evidence, unaided by any presumption.
C. The provisions of Paragraphs A and B are procedural and shall apply to all alleged causes of action or other act, omission, or neglect without regard to the date when the alleged cause of action or other act, omission, or neglect occurred.
D. As used in this Article:
(1) "Healthcare provider" includes all individuals and entities listed in R.S. 9:2797, this Article, R.S. 40:1237.1 and R.S. 40:1231.1 whether or not enrolled with the Patient's Compensation Fund.
(2) "The use of blood or tissue" means the screening, procurement, processing, distribution, transfusion, or any medical use of human blood, blood products, and blood components of any kind and the transplantation or medical use of any human organ, human or approved animal tissue, and tissue products or tissue components by any healthcare provider.
Added by Acts 1981, No. 611, §1; Acts 1990, No. 1091, §1; Acts 1999, No. 539, §2, eff. June 30, 1999.
2023 Louisiana Laws › Civil Code › Art. 2323. Comparative fault

Art. 2323. Comparative fault
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 2324. Liability as solidary or joint and divisible obligation

Art. 2324. Liability as solidary or joint and divisible obligation
A. He who conspires with another person to commit an intentional or willful act is answerable, in solido, with that person, for the damage caused by such act.
B. If liability is not solidary pursuant to Paragraph A, then liability for damages caused by two or more persons shall be a joint and divisible obligation. A joint tortfeasor shall not be liable for more than his degree of fault and shall not be solidarily liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, immunity by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.
C. Interruption of prescription against one joint tortfeasor is effective against all joint tortfeasors.
Amended by Acts 1979, No. 431, §1; Acts 1987, No. 373, §1; Acts 1988, No. 430, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
2023 Louisiana Laws › Civil Code › Art. 2324.1. Damages; discretion of judge or jury

Art. 2324.1. Damages; discretion of judge or jury
In the assessment of damages in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury.
Acts 1984, No. 331, §3, eff. Jan. 1, 1985.
2023 Louisiana Laws › Civil Code › Art. 2324.2. Reduction of recovery

Art. 2324.2. Reduction of recovery
A. When the recovery of damages by a person suffering injury, death, or loss is reduced in some proportion by application of Article 2323 or 2324 and there is a legal or conventional subrogation, then the subrogee's recovery shall be reduced in the same proportion as the subrogor's recovery.
B. Nothing herein precludes such persons and legal or conventional subrogees from agreeing to a settlement which would incorporate a different method or proportion of subrogee recovery for amounts paid by the legal or conventional subrogee under the Louisiana Worker's Compensation Act, R.S. 23:1021, et seq.
Acts 1989, No. 771, §1, eff. July 9, 1989.
2023 Louisiana Laws › Civil Code › Art. 2325. Matrimonial regime.

TITLE VI--MATRIMONIAL REGIMES
CHAPTER 1--GENERAL PRINCIPLES
Art. 2325. Matrimonial regime.
A matrimonial regime is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2328. Contractual regime; matrimonial agreement.

Art. 2328. Contractual regime; matrimonial agreement.
A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2329. Exclusion or modification of matrimonial regime.

Art. 2329. Exclusion or modification of matrimonial regime.
Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.
Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §1.
2023 Louisiana Laws › Civil Code › Art. 2330. Limits of contractual freedom.

Art. 2330. Limits of contractual freedom.
Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2332. Effect toward third persons.

Art. 2332. Effect toward third persons.
A matrimonial agreement, or a judgment establishing a regime of separation of property is effective toward third persons as to immovable property, when filed for registry in the conveyance records of the parish in which the property is situated and as to movables when filed for registry in the parish or parishes in which the spouses are domiciled.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2333. Minors.

Art. 2333. Minors
A minor under the age of sixteen may not enter into a matrimonial agreement. A minor sixteen or seventeen years of age may not enter into a matrimonial agreement without judicial authorization and the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person.
Acts 1979, No. 709, §1; Acts 2019, No. 401, §1.
2023 Louisiana Laws › Civil Code › Art. 2334. Persons; scope of application of the legal regime.

CHAPTER 2--THE LEGAL REGIME OF COMMUNITY OF
ACQUETS AND GAINS
SECTION 1--GENERAL DISPOSITIONS
Art. 2334. Persons; scope of application of the legal regime.
The legal regime of community of acquets and gains applies to spouses domiciled in this state, regardless of their domicile at the time of marriage or the place of celebration of the marriage.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2336. Ownership of community property

Art. 2336. Ownership of community property
Each spouse owns a present undivided one-half interest in the community property. Nevertheless, neither the community nor things of the community may be judicially partitioned prior to the termination of the regime.
During the existence of the community property regime, the spouses may, without court approval, voluntarily partition the community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332.
Acts 1979, No. 709, §1. Amended by Acts 1981, No. 921, §1; Acts 1982, No. 282, §1.
2023 Louisiana Laws › Civil Code › Art. 2338. Community property.

Art. 2338. Community property.
The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.
Acts 1979, No. 709, §1.
2023 Louisiana Laws › Civil Code › Art. 2339. Fruits and revenues of separate property

Art. 2339. Fruits and revenues of separate property
The natural and civil fruits of the separate property of a spouse, minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community property. Nevertheless, a spouse may reserve them as his separate property as provided in this Article.
A spouse may reserve them as his separate property by a declaration made in an authentic act or in an act under private signature duly acknowledged. A copy of the declaration shall be provided to the other spouse prior to filing of the declaration.
As to the fruits and revenues of immovables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the immovable property is located. As to fruits of movables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the declarant is domiciled.
Acts 1979, No. 709, §1; Amended by Acts 1980, No. 565, §2; Acts 2008, No. 855, §1.