2021 Louisiana Laws
Revised Statutes
Title 9 - Civil Code-Ancillaries
PART II. MARRIED WOMEN
SUBPART A. EMANCIPATION AND POWERS
- §101. Emancipation from all disabilities and incapacities; obligations
- §102. Suits, judicial proceedings, and judgments
- §103. Binding themselves or disposing of or hypothecating property for benefit of husband or community; contracts with husband
- §104. Repealed by Acts 1974, No. 89, §1
- §105. Laws relating to matrimonial community and separate property not affected
CHAPTER 2. DEATH
CHAPTER 3. HUMAN EMBRYOS
- §121. Human embryo; definition
- §122. Uses of human embryo in vitro
- §123. Capacity
- §124. Legal status
- §125. Separate entity
- §126. Ownership
- §127. Responsibility
- §128. Qualifications
- §129. Destruction
- §130. Duties of donors
- §131. Judicial standard
- §132. Liability
- §133. Inheritance rights
CODE
TITLE III--ABSENT PERSONS
- §151. Short title
- §152. Uniformity of application and construction
- §153. Definitions
- §154. Presumptions of abandonment
- §154.1. Compensation for expropriation; ownership; town of Berwick
NOTE: §154.2 eff. until July 1, 2022. See Acts 2021, No. 114.
- §154.2. Crescent City Connection; Geaux Pass accounts and deposits; tolls; Geaux Pass Transition Fund; disposition
- §154.3. Crescent City Connection amnesty program; disposition
- §155. Contents of safe deposit box or other safekeeping depository
- §156. Rules for taking custody
- §157. Dormancy charge
- §158. Burden of proof as to property evidenced by record of check or draft
- §159. Report of abandoned property
- §160. Payment or delivery of abandoned property
- §161. Notice and publication of lists of abandoned property
- §162. Custody by state; recovery by holder; defense of holder
- §163. Crediting of dividends, interest, and increments to owner's account
- §164. Public sale of abandoned property
- §165. Deposit of funds
- §165.1. Bonds; unclaimed property bonds; completion of I-49
- §165.2. Designates first I-49 unclaimed property bond project; "Alvin B. Kessler Memorial Highway"
- §166. Claim of another state to recover property
- §167. Filing claim with administrator; handling of claims by administrator
- §168. Action to establish claim
- §169. Election to take payment or delivery
- §170. Destruction or disposition of property having no substantial commercial value; immunity from liability
- §171. Periods of limitation
- §172. Requests for reports and examination of records
- §173. Retention of records
- §174. Enforcement
- §175. Interstate agreements and cooperation; joint and reciprocal actions with other states; confidentiality
- §176. Interest and penalties
- §177. Agreement to locate property
- §178. Foreign transactions
- §179. Applicability of Chapter
- §180. Rules
- §181. Severability
- §182. United States savings bonds; escheatment procedures
CHAPTER 2. DISPOSITION OF UNCLAIMED
CHAPTER 3. THE CARE OF MINOR CHILDREN
CODE
TITLE IV - HUSBAND AND WIFE
- §201. Definition
- §202. Authority to perform marriage ceremony
- §203. Officiant; judges and justices of the peace
- §204. Officiant other than judge; registration
- §205. Officiant to require marriage license
PART II. COLLATERAL RELATIONS
- §211. Relations of the fourth degree
- §212. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §213. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §214. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
PART III. APPLICATION FOR MARRIAGE LICENSE
SUBPART A. IN GENERAL
- §221. Authority to issue marriage license
- §222. Place of issuance
- §223. Form
- §224. Application; information required
- §225. Documents required; attachments
SUBPART B. BIRTH CERTIFICATE
- §226. Certified copy of birth certificate; translation to English
- §227. Certified copy unavailable; other proof
- §228. Same; court order waiving birth certificate
SUBPART C. MEDICAL CERTIFICATE (REPEALED)
SUBPART D. ISSUANCE AND TIME
SUBPART E. SUMMARY OF MATRIMONIAL REGIMES LAWS
PART IV. DELAYS AND CEREMONY
SUBPART A. TWENTY-FOUR-HOUR DELAY
SUBPART B. CEREMONY AND MARRIAGE CERTIFICATE
PART V. RECORD KEEPING
- §251. Consolidated form
- §252. Duplicate records of marriage licenses issued; preservation; filing of duplicate copy with state division of vital records; penalty for failure to file
- §253. Disposition and recordation of marriage certificates
- §254. Penalty for failure to file or complete marriage certificate
- §255. Tabulation of marriage statistics; annual report
- §256. Penalties
PART VI. OPPOSITION TO MARRIAGE
PART VII. COVENANT MARRIAGE
- §272. Covenant marriage; intent; conditions to create
- §273. Covenant marriage; contents of declaration of intent
- §273.1. Declaration of intent; form
- §274. Covenant marriage; other applicable rules
- §275. Covenant marriage; applicability to already married couples
- §275.1. Declaration of intent; married couples; form
- §276. Limitation of liability; pastoral counselor
CHAPTER 2. INCIDENTS AND EFFECTS OF MARRIAGE
PART II. SPECIAL INCIDENTS AND EFFECTS OF COVENANT MARRIAGE
- §293. Law applicable to spouses in covenant marriage
- §294. Covenant spouses' love, respect, and community
- §295. Covenant spouses' obligation to live together
- §296. Right and duty of covenant spouses to manage household
- §297. Decisionmaking in interest of family
- §298. Obligations to children of the marriage
CODE
TITLE V - DIVORCE
- §301. Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage
- §302. Divorce proceedings; hearings in chambers; procedure
- §303. Income assignment; new orders; deviation
- §304. Judgment of divorce; waiting periods; accrual of abandonment period
- §304.1. Court costs; action to make child support executory
- §305. Repealed by Acts 2006, No. 344, §7 eff. June 13, 2006.
- §306. Seminar for divorcing parents
- §307. Divorce or separation from bed and board in a covenant marriage; exclusive grounds
- §308. Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental relief
- §309. Separation from bed and board in a covenant marriage; effects
- §310. Retroactivity of spousal support order
- §311. Modification or suspension of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support
- §311.1. Child support during the obligor's incarceration; Department of Children and Family Services providing support enforcement services
- §312. Child support; accounting; requirements
- §313. Divorce and child support proceedings; special requirements
- §314. Attorney fees and court costs in domestic abuse cases
PART I-A. CHILD SUPPORT
SUBPART A. GUIDELINES FOR DETERMINATION
- §315. Economic data and principles; definitions
- §315.1. Rebuttable presumption; deviation from guidelines by court; stipulations by parties
- §315.1.1. Determination of income; evidence
- §315.2. Calculation of basic child support obligation
- §315.3. Child care costs; addition to basic obligation
- §315.4. Health insurance premiums; addition to basic obligation
- §315.5. Extraordinary medical expenses; addition to basic obligation
- §315.6. Other extraordinary expenses; addition to basic obligation
- §315.7. Deductions for income of the child
- §315.8. Calculation of total child support obligation; worksheet
- §315.9. Effect of shared custodial arrangement
- §315.10. Effect of split custodial arrangement
- §315.11. Voluntarily unemployed or underemployed party
- §315.12. Second jobs and overtime
- §315.13. Amounts not set forth in or exceeding schedule
- §315.14. Mandatory minimum child support award
- §315.15. No change in circumstances intended
- §315.16. Review of guidelines
- §315.17. Standard of appellate review
NOTE: §315.18 eff. until Jan. 1, 2021. See Acts 2020, No. 177.
NOTE: §315.19 eff. until Jan. 1, 2021. See Acts 2020, No. 177.
SUBPART B. OTHER CHILD SUPPORT PROVISIONS
- §315.21. Retroactivity of child support judgment
- §315.22. Termination of child support upon majority or emancipation; exceptions
- §315.23. Suspension or modification of child support obligation; secreting of child
- §315.24. Child support enforcement; revocatory and oblique actions
- §315.25. Consideration of custody or visitation matters
- §315.26. Collection of past due child support
- §315.27. Repealed by Acts 2021, No. 339, §2.
SUBPART C. JUDICIAL SUSPENSION OF LICENSE FOR NONPAYMENT OF CHILD SUPPORT OR CONTEMPT OF COURT IN CHILD SUPPORT OR PATERNITY PROCEEDINGS
- §315.30. Family financial responsibility; purpose
- §315.31. Definitions
- §315.32. Order of suspension of license; noncompliance with support order; contempt of court
- §315.33. Suspension of license; notice of suspension from licensing board; temporary license
- §315.34. Subsequent compliance; order of compliance; order of partial compliance
- §315.35. Reissuance of license
- §315.36. Suspension of license; pattern of nonpayment
SUBPART D. ADMINISTRATIVE SUSPENSION OF CERTAIN LICENSES FOR NONPAYMENT OF CHILD SUPPORT
- §315.40. Definitions
- §315.41. Notice of child support delinquency; suspension of license
- §315.42. Objection to suspension of license
- §315.43. Administrative hearing
- §315.44. Certification of noncompliance
- §315.45. Suspension of license; notice of suspension from licensing authority
- §315.46. Subsequent compliance with support order; compliance and partial compliance releases
- §315.47. Reissuance of license
- §315.48. Repealed by Acts 2001, No. 612, §3, eff. June 22, 2001.
PART II. SPOUSAL SUPPORT
- §321. Retroactivity of judgment concerning spousal support
- §322. Judgment or order for support not to be recorded
- §323. Recordation of judgment or order for amount due
- §324. Cancellation of record following payment
- §325. Collection of past due spousal support
- §326. Determination of income for spousal support; evidence
- §327. Determination of domestic abuse for spousal support
PART III. CHILD CUSTODY
SUBPART A. EVALUATION AND MEDIATION
- §331. Custody or visitation proceeding; evaluation by mental health professional
- §331.1. Drug testing in custody or visitation proceeding
- §331.2. Custody and visitation proceeding; parenting education programs
- §332. Custody or visitation proceeding; mediation
- §333. Duties of mediator
- §334. Mediator qualifications
SUBPART B. JOINT CUSTODY
- §335. Joint custody decree and implementation order; custody during an emergency or disaster
- §336. Obligation of joint custodians to confer
- §337. Repealed by Acts 2001, No. 1082, §3.
SUBPART C. PROTECTIVE AND REMEDIAL PROVISIONS
- §341. Restriction on visitation
- §342. Bond to secure child custody or visitation order
- §343. Return of child kept in violation of custody and visitation order
- §344. Visitation rights of grandparents and siblings
- §345. Appointment of attorney in child custody or visitation proceedings
- §346. Action for failure to exercise or to allow visitation, custody or time rights pursuant to court-ordered schedule; judgment and awards
- §347. Repealed by Acts 2008, No. 671, §3.
- §348. Loss of visitation due to military service; compensatory visitation
SUBPART D. ACCESS TO RECORDS
SUBPART E. RELOCATING A CHILD'S RESIDENCE
- §355.1. Definitions
- §355.2. Applicability
- §355.3. Persons authorized to propose relocation of principal residence of a child
- §355.4. Notice of proposed relocation of child; court authorization to relocate
- §355.5. Mailing notice of proposed relocation address
- §355.6. Failure to give notice of relocation
- §355.7. Objection to relocation of child
- §355.8. Limitation on objection by non-parents
- §355.9. Effect of objection or failure to object to notice of proposed relocation
- §355.10. Burden of proof
- §355.11. Court authorization to relocate
- §355.12. Temporary order
- §355.13. Priority for trial
- §355.14. Factors to determine contested relocation
- §355.15. Mental health expert; appointment
- §355.16. Application of factors at initial hearing
- §355.17. Modification of custody
- §355.18. Posting security
- §355.19. Sanctions for unwarranted or frivolous proposal to relocate child or objection to relocation
SUBPART F. OTHER CHILD CUSTODY PROVISIONS
SUBPART G. PARENTING COORDINATOR
- §358.1. Appointment of parenting coordinator; term; costs
- §358.2. No appointment in family violence cases
- §358.3. Qualifications
- §358.4. Authority and duties of parenting coordinator
- §358.5. Testimony and report
- §358.6. Communication with court
- §358.7. Access to information
- §358.8. Termination of appointment of parenting coordinator
- §358.9. Limitation of liability
SUBPART H. MILITARY PARENT AND CHILD CUSTODY PROTECTION ACT
- §359. Short title
- §359.1. Definitions
- §359.2. Final order; modification prohibited
- §359.3. Material change in circumstances
- §359.4. Temporary modification
- §359.5. Termination of temporary modification order
- §359.6. Delegation of visitation
- §359.7. Testimony; evidence
- §359.8. Lack of existing order of custody or visitation
- §359.9. Duty to cooperate; disclosure of information
- §359.10. Appointment of counsel
- §359.11. Jurisdiction
- §359.12. Attorney fees
- §359.13. Applicability
PART IV. POST-SEPARATION FAMILY VIOLENCE RELIEF ACT
- §361. Legislative findings
- §362. Definitions
- §363. Ordered mediation prohibited
- §364. Child custody; visitation
- §364.1. Visitation with incarcerated parent
- §365. Qualification of mental health professional
- §366. Injunctions
- §367. Costs
- §368. Other remedies not affected
- §369. Limitations
PART V. INJUNCTIONS AND INCIDENTAL ORDERS
- §371. Injunction against alienation or encumbrance; spouse's right to demand
- §372. Injunction against abuse; form; central registry
- §372.1. Injunction against harassment
- §373. Removal of personal property
- §374. Possession and use of family residence or community movables or immovables
- §375. Award of attorney fees
- §376. REPEALED BY ACTS 1993, NO. 261, §9, EFF. JAN. 1, 1994.
CHAPTER 2. TRANSITIONAL PROVISIONS
- §381. Actions pending on effective date of divorce revision act; law governing
- §382. Present effect of judgment of separation from bed and board
- §383. Judgment of divorce after judgment of separation
- §384. Effect of reconciliation on community
PART II. CHILD CUSTODY AND SUPPORT
PART III. SPOUSAL SUPPORT
- §386. Actions pending on effective date of spousal support revision act; law governing
- §387. Spousal support; period of grace after effective date of spousal support revision act
CODE
TITLE VI--OF MASTER AND SERVANT [BLANK]
- §391. Repealed by Acts 2004, No. 26, §15.
- §391.1. Child conceived after death of parent
- §392. Acknowledgment; requirements; content
- §392.1. Acknowledgment; obligation to support; visitation
- §393. Full faith and credit of acknowledgments
- §394. Evidence of hospital bills and tests in paternity action
- §395. Paternity proceedings; special requirements
- §395.1. Repealed by Acts 2006, No. 344, §7, eff. June 13, 2006.
PART I-A. BLOOD OR TISSUE SAMPLING FOR DETERMINATION OF PATERNITY
- §396. Authority for test; ex parte orders; use of results
- §397. Selection of expert
- §397.1. Compensation of expert witnesses and recovery of testing costs
- §397.2. Chain of custody of blood or tissue samples
- §397.3. Admissibility and effect of test results
- §398. Applicability to criminal actions
- §398.1. Award of attorney's fees in actions to establish paternity
- §398.2. Petition for order to submit to blood or tissue tests prior to bringing filiation action
PART I-B. ESTABLISHMENT OF CHILD SUPPORT IN PATERNITY PROCEEDING
- §399. Establishment of child support; interim order during proceeding; final order following judgment of paternity
- §399.1. Dismissal of final order following judgment of paternity; time periods; procedure; effects
PART I-C. PUTATIVE FATHER REGISTRY
PART II. FILIATION
- §401. Disavowal action under Civil Code Article 186; parties
- §402. Effect of disavowal action on prior child support order
- §402.1. Effect of three-party acknowledgment; alternative to disavowal; child support order
- §403. Mother's contestation action; procedure
- §404. Father's paternity action; time period; exception
- §405. Legal effect of acknowledgment
- §406. Revocation of authentic act; with and without cause; procedure
- §407. Uncontested paternity proceedings; proof by affidavit; adoption of court rules
- §408. Filiation and paternity proceeding; parties
- §409. Filiation judgment; notice
PART III. ADOPTION
SUBPART A. MINORS UNDER SEVENTEEN [REPEALED]
- §421. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.2. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.3. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.4. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.5. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.6. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.7. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.8. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.9. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.10. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.11. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.12. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.13. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.14. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §422.15. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §423. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §424. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §424.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §424.2. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §425. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §426. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §427. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §428. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §429. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §430. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §431. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §432. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §433. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §434. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §435. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §436. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §437. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §438. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §439. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §440. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §440.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
- §441. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
SUBPART B. PERSONS OVER SEVENTEEN
- §461. Effect of adult adoption by stepparent
- §462. Adult adoption; effective date of adoption
- §463. Adult adoption; recordation
- §464. Adult adoption; birth certificate
- §465. Adult adoption; change of name
PART IV. NEGLECT OR ABUSE
PART V. GENERAL PROVISIONS
- §571. Actions between parent, person having parental authority, or tutor and child
- §572. Person having parental authority; acts that may be performed without court approval
- §573. REPEALED BY ACTS 1993, NO. 261, §9, EFF. JAN. 1, 1994.
- §574. REPEALED BY ACTS 1993, NO. 261, §9, EFF. JAN. 4, 1994.
- §575. Abused parent or grandparent; domestic abuse assistance
CODE
TITLE VIII--OF MINORS,
- §601. Parent's appointment of tutor when spouse insane
- §602. Tutor, under tutor, curator, under curator; family meeting dispensed with
- §603. Absentee minor or interdict not represented; special representation to effect sale
PART II. MANAGEMENT AND DISPOSITION OF PROPERTY
SUBPART A. FAMILY MEETING DISPENSED WITH;
SUBPART B. PRIVATE SALE; PROCEDURE
SUBPART C. SALE TO EFFECT PARTITION; PROCEDURE
SUBPART D. MINERAL LEASES AND CONTRACTS; PROCEDURE
SUBPART E. MISCELLANEOUS PROVISIONS
- §731. Sale or lease of right of way
- §732. Ratification of sale during minority of person afterwards interdicted
- §733. Purchase of federal bonds and debentures by tutors and curators
- §734. Investment of funds
- §735. §§735 to 742 Repealed by Acts 1987, No. 469, §2, eff. Jan. 1, 1988.
SUBPART F. UNIFORM TRANSFERS TO MINORS ACT
- §751. Definitions
- §752. Scope
- §753. Nomination of custodian
- §754. Transfer by gift
- §755. Transfer authorized by will or trust
- §756. Other transfer by fiduciary
- §757. Transfer by obligor
- §758. Receipt for custodial property
- §759. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
- §760. Single custodianship
- §761. Validity and effect of transfer
- §762. Care of custodial property
- §763. Powers of custodian
- §764. Use of custodial property
- §765. Expenses, compensation, and bond of custodian
- §766. Exemption of third person from liability
- §767. Liability to third persons
- §768. Renunciation, resignation, death, or removal of custodian; designation of successor custodian
- §769. Accounting by and liability of custodian
- §770. Termination of custodianship
- §771. Applicability
- §772. Effect on existing custodianship
- §773. Short title
PART III. BOND OR SECURITY IN PLACE OF MORTGAGE
PART IV. SMALL ESTATES
PART V. MISCELLANEOUS PROVISIONS
- §841. Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
- §842. Repealed by Acts 1979, No. 709, §3, eff. Jan. 1, 1980
- §5381. Ships and other vessels, hypothecation and conveyance; record; effect
- §5382. Right of mortgage holder to recover for disposal or conversion of property
- §5383. Transfers of more than one parcel of immovable property
- §5384. Assumption of a mortgage on immovable property by a third person
- §5385. Satisfaction of mortgage; production of promissory note or release for cancellation; liability
- §5386. Mortgage including pledge of mortgagor's rights to insurance
- §5387. REPEALED BY ACTS 1990, NO. 1079, §8, EFF. SEPT. 1, 1990.
- §5388. Authority to carry out and enforce rights
- §5389. Additional funds advanced under mortgage or security agreement
- §5390. Amendment, renewal, or refinancing of mortgage and mortgage note
- §5391. Additions, accessions, and natural increases subject to mortgage
- §5392. Continuation of mortgage after judgment
- §5393. Combination forms
- §5394. Applicability
- §5395. Protection of mortgage lenders and fiduciaries from state environmental liability; parity with federal law
- §5396. Maintenance of abandoned mortgaged property
CHAPTER 2. EMANCIPATION
CHAPTER 3. PROVISIONAL CUSTODY BY MANDATE OF PERSONS
- §951. Provisional custody by mandate of persons having parental authority; delegation
- §952. Duration of provisional custody; termination
- §953. Authority of the mandatary
- §954. Statutory form
CHAPTER 3-A. PROVISIONAL CUSTODY BY MANDATE OF A TUTOR
- §961. Provisional custody by mandate of a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child; delegation
- §962. Statutory form
CHAPTER 4. NON-LEGAL CUSTODIAN
- §975. Non-legal custodian; consent for certain services; affidavit, form
- §1001. INTERDICTION
- §1002. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
- §1003. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
- §1004. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
PART II. MISCELLANEOUS PROVISIONS
- §1021. Interdiction of veterans in government institutions; manner of service
- §1022. Authorization of curators to continue making donations to descendants
- §1023. Donation by curator to charitable and nonprofit organizations; conditions; court approval
- §1024. Donations by curator to collaterals; court authorization
- §1025. Removal of a curator
PART III. NONPROFIT CURATOR AND CONTINUING TUTOR PROGRAMS
- §1031. Appointment of nonprofit curatorship services
- §1032. Powers, functions, and duties of curator and continuing tutor
- §1033. Confidentiality; penalties
- §1034. Fees and court costs
CODE
TITLE X - OF CORPORATIONS
CODE BOOK II--THINGS AND THE DIFFERENT
MODIFICATIONS OF OWNERSHIP
CODE
TITLE I--THINGS
- §1101. Ownership of waters and beds of bayous, rivers, streams, lagoons, lakes and bays
- §1102. Batture in cities and towns; right of riparian owner
- §1102.1. Rights of riparian landowners and their lessees
- §1102.2. Rights and duties of riparian owners and their lessees; joint usage of certain riparian lands
- §1103. Carbon sequestration on surface or water bottom
- §1104. Riparian owners, use of surface water; fees prohibited; legislative finding and intent
- §1105. Repealed by Acts 1974, No. 50, §3, eff. Jan. 1, 1975
- §1106. Storage tanks placed on land by one not owner of land as movable property
- §1107. Public policy respecting ownership of navigable waters and beds thereof
- §1108. Invalidity of patent or transfer purporting to include navigable waters and beds thereof
- §1109. Statutes not to be construed as validating purported transfer of navigable waters or beds thereof
- §1110. Ownership of land adjacent to False River
- §1111. Exclusion of certain interests in trust from classification as immovable property
- §1112. Immovable property held in common; agreement not to alienate, encumber or lease
- §1113. Partition of immovable property; minority interest; private sale; appraisal
PART I-A. OWNERSHIP OF BEDS OF NON-NAVIGABLE WATERS
- §1115.1. Declaration of purpose
- §1115.2. Ownership of inland non-navigable water bottoms
- §1115.3. Interpretation of transfers
PART II. LOUISIANA CONDOMINIUM ACT
SUBPART A. GENERAL PROVISIONS
- §1121.101. Short title
- §1121.102. Applicability
- §1121.103. Definitions
- §1121.104. Attorney fees
- §1121.105. Separate taxation
- §1121.106. Applicability of ordinances, zoning, and building restrictions
- §1121.107. Expropriation
- §1121.108. Sale of unit; escrow accounts
SUBPART B. CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS
- §1122.101. Creation of condominium regimes; condominium declaration; recordation
- §1122.102. Blank
- §1122.103. Construction and validity of declaration and bylaws
- §1122.104. Description of units
- §1122.105. Contents of the condominium declaration
- §1122.106. Reapportionment among unit owners of the percentage ownership interest in the common elements; percentages of sharing common expenses and common surplus; voting power in the association of unit owners
- §1122.107. Condominiums established on leased land
- §1122.108. Allocation of common element interest, votes, and common expense liabilities
- §1122.109. Blank
- §1122.110. Plats and plans
- §1122.111. Blank
- §1122.112. Termination; withdrawal
- §1122.113. Alterations of units
- §1122.114. Relocation of boundaries between adjoining units
- §1122.115. Subdivision or conversion of units
- §1122.116. Blank
- §1122.117. Blank
- §1122.118. Blank
- §1122.119. Amendment of declaration
- §1122.120. Blank
- §1122.121. Blank
SUBPART C. MANAGEMENT OF THE CONDOMINIUM
- §1123.101. Organization of unit owners' association
- §1123.102. Powers of unit owners' association
- §1123.103. Blank
- §1123.104. Blank
- §1123.105. Termination of contracts and leases of declarant
- §1123.106. Bylaws
- §1123.107. Upkeep of the condominium
- §1123.108. Association records
- §1123.109. Blank
- §1123.110. Blank
- §1123.111. Blank
- §1123.112. Insurance
- §1123.113. Fidelity bond or equivalent form of insurance required
- §1123.114. Blank
- §1123.115. Privilege on immovables
- §1123.116. Privilege for utility assessments
- §1123.117. Blank
SUBPART D. PROTECTION OF PURCHASERS
- §1124.101. Applicability; waiver
- §1124.102. Public offering statement; general provisions
- §1124.103. Blank
- §1124.104. Public offering statement; conversion condominiums
- §1124.105. Public offering statement; condominium securities
- §1124.106. Purchaser's right to cancel
- §1124.107. Resales of units
- §1124.108. Blank
- §1124.109. Privileges
- §1124.110. Blank
- §1124.111. Blank
- §1124.112. Blank
- §1124.113. Blank
- §1124.114. Blank
- §1124.115. Compliance with condominium declaration, bylaws, and administrative rules and regulations
- §1124.116. Blank
- §1124.117. Blank
PART II-A. LOUISIANA TIMESHARING ACT
- §1131.1. Short title
- §1131.2. Definitions
- §1131.3. Applicability and scope
- §1131.4. Creation of a timeshare plan
- §1131.5. Construction and validity of declaration
- §1131.6. Description of timeshare property
- §1131.7. Partition
- §1131.8. Termination
- §1131.9. Tax assessment and payment
- §1131.9.1. Developer supervisory duties
- §1131.9.2. Public offering statement
- §1131.10. Repealed by Acts 2003, No. 978, §3.
- §1131.10.1. Contracts for purchase of timeshare interests
- §1131.11. Public offering statement; when not required
- §1131.12. Regulations of timeshare advertising
- §1131.13. Cancellation
- §1131.14. Repealed by Acts 2003, No. 978, §3.
- §1131.15. Repealed by Acts 2003, No. 978, §3.
- §1131.16. Repealed by Acts 2003, No. 978, §3.
- §1131.16.1. Escrow of payments; escrow accounts; nondisturbance agreements; interests, liens, and encumbrances; alternative assurances
- §1131.17. Escrow account; establishment; claims for damages
- §1131.18. Resales of timeshares
- §1131.19. Privileges
- §1131.20. Management and operation of the timeshare plan
- §1131.21. Assessment for timeshare interest expenses
- §1131.22. Privilege for assessments
- §1131.23. Insurance
- §1131.24. Requirements where developer's interest in the timeshare property is a leasehold interest
- §1131.25. Remedies
- §1131.26. Louisiana Real Estate Recovery Fund; exemption
- §1131.27. Repealed by Acts 1984, No. 943, §5, eff. July 20, 1984.
- §1131.28. Recordation
- §1131.29. Waiver prohibited
- §1131.30. Preservation of claims and defenses
- §1132. §§1132 to 1142 Repealed by Acts 1979, No. 682, §3.
PART II-B. LOUISIANA HOMEOWNERS ASSOCIATION ACT
SUBPART A. GENERAL PROVISIONS
SUBPART B. BUILDING RESTRICTIONS
- §1141.4. Building restrictions; matters of interpretation
- §1141.5. Building restrictions; generally, affirmative duty, and common areas
- §1141.6. Establishment, amendment, or termination of building restrictions
- §1141.7. Agreement of owners; voting
SUBPART C. ENFORCEMENT
PART III. PRIVILEGES ON IMMOVABLES FOR CHARGES OR DUES OF ASSOCIATION OF OWNERS
- §1145. Association of owners; privilege; definition
- §1146. Privilege; sworn detailed statement; filing
- §1147. Privilege; five year period
- §1148. Privilege; ranking
PART IV. MANUFACTURED HOME PROPERTY ACT
- §1149.1. Short title
- §1149.2. Definitions
- §1149.3. Classification
- §1149.4. Immobilization
- §1149.5. Security devices
- §1149.6. Deimmobilization
- §1149.7. Reference to prior law
CODE
TITLE II--OWNERSHIP
- §1151. Change in ownership of land or water bottoms as result of action of navigable stream, bay, lake, sea, or arm of the sea; mineral leases
- §1152. Grant of mineral servitude on lands acquired by the state from agencies or political subdivisions by subsidence or erosion
CODE
TITLE III--PERSONAL SERVITUDES
CODE
TITLE IV--PREDIAL SERVITUDES
- §1251. Passage to or from waters or recreational sites; servitudes or rights of way or passage not acquired
- §1252. Creation of real right for educational, charitable, or historic purposes
- §1253. Public transportation servitude
- §1254. Enclosed estate; right and servitude of passage on certain waterways
- §1255. Solar collectors; right of use
- §1256. Alteration and extinction of natural servitudes of drain
- §1257. Conventional servitude of drain; right of dominant estate owner to enter servient estate
CHAPTER 2. LOUISIANA CONSERVATION SERVITUDE ACT
- §1271. Short title
- §1272. Definitions
- §1273. Creation, conveyance, acceptance and duration
- §1274. Judicial actions
- §1275. Applicability
- §1276. Uniformity of application and construction
- §1421. Joint securities accounts; surviving account holder; definitions
- §1422. Certified copies of inventories in Parish of Orleans; admission as proof
- §1423. Fees of experts and appraisers
- §1424. Affixing of seals on succession property; preservation
- §1425. Succession judgments affecting real property in Orleans; attorneys to file with assessor
- §1426. Retirement plan; usufruct of surviving spouse
SUBPART B. SMALL SUCCESSIONS
SUBPART C. PRESUMPTIONS
- §1441. Presumption of death of military personnel
- §1442. Succession of military personnel presumed dead
- §1443. Proof of presumption of death of military personnel
CHAPTER 2. ADMINISTRATION OF SUCCESSIONS
- §1451. §§1451 to 1454 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
- §1454.1. Prescription against informalities of legal procedure
- §1455. Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
SUBPART C. MINERAL LEASES; PROCEDURE
SUBPART D. MISCELLANEOUS PROVISIONS
- §1511. Option for servitudes or flowage rights; perfecting
- §1512. Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
- §1513. Payment to surviving spouse without court proceedings
- §1514. Credit unions; payment to surviving spouse without court proceedings
- §1515. Payment to surviving spouse or children of deceased; last wages due by employers
- §1516. Transfer or payment of monetary proceeds of minerals or mineral products, rentals, accrued royalties, and other funds related to minerals or mineral contracts belonging or payable to deceased person; authority; discharge of holder
- §1517. Certain succession representatives; power of attorney
SUBPART E. PUBLIC SALE OF SUCCESSION PROPERTY
PART II. BURIAL OF UNCLAIMED BODIES; ADMINISTRATION OF SUCCESSIONS OF $500 OR LESS
- §1551. Disposition of remains
- §1552. Administration of successions of value of five hundred dollars or less
- §1553. §§1553 to 1557 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
PART III. PUBLIC ADMINISTRATORS
- §1581. Public administrators; appointment; terms; powers and duties
- §1582. Bond
- §1583. Administrators of intestate succession; when
- §1584. Dative testamentary executors; when
- §1585. Repealed by Acts 1972, No. 146, §2
- §1586. Curator of vacant succession; disposition of funds
- §1587. Repealed by Acts 1972, No. 146, §2
- §1588. Power to represent state in court; costs
- §1589. Compensation; employees; expense allowance; cost-of-living increases
- §1590. Exemptions
PART IV. STATE SUCCEEDING TO IMMOVABLE PROPERTY
- §1611. Retention instead of sale; administration
- §1612. Compromise of rights and claims
- §1613. Disposition of funds; apportionment and allocation
- §1614. Special counsel; patents for interests
- §1615. Application of sections
CHAPTER 3. PARTITIONS
- §1701. Partition of land in which United States has servitude or real right
- §1702. Agreement not to partition by persons holding property in common
NOTE: §1711 eff. Jan. 1, 2022. See Acts 2021, No. 167.
CHAPTER 4.
LOUISIANA UNIFORM TRANSFER ON DEATHNOTE: §1711.1 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.2 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.3 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.4 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.5 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.6 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.7 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.8 eff. Jan. 1, 2022. See Acts 2021, No. 167.
NOTE: §1711.9 eff. Jan. 1, 2022. See Acts 2021, No. 167.
CODE
TITLE II--OF DONATIONS INTER VIVOS
- §1721. Title
- §1722. Express private trusts authorized; application of Code
- §1723. Dispositions containing substitutions
- §1724. Construction of Code
- §1725. Definitions
PART II. CREATION OF THE TRUST
SUBPART A. GENERAL PROVISIONS
- §1731. Trust defined
- §1732. Inter vivos and testamentary trusts
- §1733. Testamentary trust defined
- §1734. Inter vivos trust defined
- §1735. Gratuitous and onerous trusts
- §1736. Conditions
- §1737. Dispositions permitted
SUBPART B. FORM
- §1751. Form of testamentary trust
- §1752. Form of inter vivos trust
- §1753. Technical language not required; interpretation of instrument
- §1754. Incorporation by reference
- §1755. Acceptance by trustee
SUBPART C. THE SETTLOR
- §1761. Settlor defined
- §1762. Number of settlors
- §1763. Who may be settlor of inter vivos trust
- §1764. Who may be settlor of testamentary trust
SUBPART D. THE TRUST PROPERTY
SUBPART E. THE TRUSTEE
- §1781. Trustee defined
- §1782. Number of trustees
- §1783. Who may be trustee
- §1784. Jurisdiction over the trustee
- §1785. Manner in which trustee chosen
- §1786. Provisional trustee
- §1787. Provisional trustee; security
- §1788. Resignation of trustee
- §1789. Removal of trustee
- §1790. Effect of resignation or removal of trustee
- §1791. Appeal from judgment appointing or removing trustee
SUBPART F. THE BENEFICIARY
- §1801. Beneficiary defined
- §1802. Sufficiency of designation
- §1803. Requirement that beneficiary be in being and ascertainable
- §1804. Settlor as beneficiary
- §1805. One or several beneficiaries; separate beneficiaries
- §1806. Concurrent beneficiaries
- §1807. Successive income beneficiaries
- §1808. Acceptance by beneficiary
- §1809. Representation upon predecease of named principal beneficiary
SUBPART G. EFFECTIVE DATE OF CREATION
- §1821. When testamentary trust created
- §1822. When inter vivos trust created
- §1823. Retroactive nature of trustee's acceptance
- §1824. Consequence of trustee's failure to accept
SUBPART H. TERM OF THE TRUST
- §1831. Limitations upon stipulated term
- §1832. Effect of stipulation of excessive term
- §1833. Term in absence of stipulation
- §1834. Exceptions
- §1835. Definitions
SUBPART I. THE LEGITIME IN TRUST
- §1841. General rule
- §1842. Effect of improper stipulation
- §1843. Stipulation restraining alienation
- §1844. Legitime burdened with income interest or usufruct
- §1845. Repealed by Acts 1979, No. 160, §2
- §1846. Repealed by Acts 1979, No. 160, §3
- §1847. Invasion of principal; legitime affected
SUBPART J. MARITAL PORTION IN TRUST
- §1851. General rule
- §1852. Marital portion in full property
- §1853. Marital portion in usufruct
- §1854. Effect of improper stipulation
SUBPART K. LIFE INSURANCE IN TRUST
SUBPART L. CLASS TRUSTS A. GENERAL RULES
- §1891. Creation of class
- §1892. Class members
- §1893. Income and principal designations
- §1894. Representation
- §1895. Effect of death of class member during the term of the trust
- §1896. Closing of the class
- §1897. Term; general rule
- §1898. Effect of stipulation of excessive term
B. RULES GOVERNING WHEN MEMBERS OF A CLASS ARE
BENEFICIARIES OF INCOME ONLY
- §1899. Distribution of income; forced heirs
- §1900. Absence of living members before class closes; treatment of income
- §1901. Closing of class; members living; effect; termination
C. RULES GOVERNING WHEN MEMBERS OF A CLASS ARE
BENEFICIARIES OF PRINCIPAL ONLY
- §1902. Closing of class; continuation of trust
- §1903. Class not closed; termination of income interests; effect
D. RULES GOVERNING WHEN MEMBERS OF ONE CLASS ARE
BENEFICIARIES OF INCOME AND MEMBERS OF A
DIFFERENT CLASS ARE BENEFICIARIES OF PRINCIPAL
E. RULES GOVERNING WHEN THE MEMBERS OF THE SAME
CLASS ARE BENEFICIARIES OF BOTH INCOME AND PRINCIPAL
SUBPART M. TRUSTS FOR EMPLOYEES
SUBPART N. ADDITIONS TO THE TRUST PROPERTY
- §1931. General rule
- §1932. Form
- §1933. Rights of person who adds property
- §1934. Modification, termination, rescission, or revocation of trust to which property added
- §1935. When addition by donation inter vivos effected
- §1936. When addition by donation mortis causa effected
- §1937. Definition of annual exclusion
SUBPART O. TRUSTS FOR MIXED PRIVATE AND CHARITABLE PURPOSES
- §1951. General rule
- §1952. Invasion of principal in mixed trusts
- §1953. Assignment of interest in trust and termination of trust for mixed private and charitable purposes
SUBPART P. COMMUNITY PROPERTY IN TRUST
PART III. THE INTEREST OF THE BENEFICIARY
SUBPART A. THE INTEREST OF THE INCOME BENEFICIARY
- §1961. Nature of the interest
- §1962. Distribution of income
- §1963. Permissible stipulations regulating distribution of income
- §1964. Termination of income interest; undistributed income
- §1965. Effect of termination of interest
SUBPART B. THE INTEREST OF THE PRINCIPAL BENEFICIARY
- §1971. Time of acquisition of interest
- §1972. Treatment of interest upon death of principal beneficiary
- §1973. Shifting interest in principal
- §1974. Substitute beneficiary's interest may be conditional
- §1975. Requirement that substitute beneficiary be in being and ascertainable
- §1976. Treatment upon death of substitute beneficiary whose interest is not conditioned on survival
- §1977. Class as substitute beneficiary
- §1978. Shifting interest in principal if beneficiary is descendant of settlor
- §1979. Status of potential substitute principal beneficiary
SUBPART C. REFUSAL
- §1981. General Rule
- §1982. Acceptance of interest in inter vivos trust by creditor; effect
- §1983. Acceptance of interest in testamentary trust by creditor; effect
- §1984. Rights of beneficiary who refuses interest in testamentary trust
- §1985. Manner of refusal; effect of conditions
- §1986. Retroactive nature of refusal
- §1987. Effect of refusal upon trustee
- §1988. Partial refusal; refusal in another's favor
- §1989. Refusal of addition to trust
- §1990. Effect of refusal upon interest refused
SUBPART D. ALIENATION BY THE BENEFICIARY
- §2001. General rule
- §2002. Restraint upon alienation
- §2003. Form
- §2004. Seizure by creditor; general rule
- §2005. Seizure by creditor; special claims
- §2006. Exemption from seizure
- §2007. Use of words "spendthrift trust"
SUBPART E. DEFERRED ASCERTAINMENT OF PRINCIPAL BENEFICIARIES OF REVOCABLE TRUSTS
- §2011. General rule
- §2012. Provisional principal beneficiaries
- §2013. Settlor as default principal beneficiary
- §2014. Number of settlors allowed
PART IV. MODIFICATION, TERMINATION, REVOCATION AND RESCISSION OF THE TRUST
- §2021. General rule; modification
- §2022. Effect of reservation of right to revoke
- §2023. Effect of reservation of unrestricted right to modify
- §2024. Concurrence of settlors in modification
- §2025. Delegation of right to terminate or to modify administrative provisions
- §2026. Termination or modification to prevent impairment of trust purposes; termination of small trust
- §2027. Accomplishment of purposes becoming impossible or illegal
- §2028. Concurrence of settlors in termination
- §2029. Effect of termination
- §2029.1. Termination of trust; immovable property owned by trust
- §2030. Combination and division of trusts
- §2031. Delegation of right to modify
SUBPART B. REVOCATION AND RESCISSION OF THE TRUST
- §2041. General rule; revocation
- §2042. Effect of reservation of right to revoke
- §2043. Revocation or rescission under general law
- §2044. Concurrence of settlors in revocation; effect
- §2045. Delegation of right to revoke
- §2046. Effect of revocation or rescission
- §2047. Revocation of inter vivos trusts upon divorce
SUBPART C. FORMAL REQUIREMENTS
PART V. DUTIES AND POWERS OF THE TRUSTEE
SUBPART A. GENERAL DISPOSITIONS
- §2061. General rule
- §2062. Limitation of duties by settlor
- §2063. Relief from duties by beneficiary
- §2064. Judicial permission or direction to deviate from administrative provisions of trust instrument
- §2065. Judicial permission to deviate from administrative provisions of this code
- §2066. Judicial permission or direction to deviate from investment provisions of trust instrument
- §2067. Invasion of principal; action of court
- §2068. Invasion of principal; provisions of trust instrument
- §2069. Winding-up duty and powers of trustee
SUBPART B. DUTIES OF THE TRUSTEE
- §2081. Breach of trust defined
- §2082. Administration in interest of beneficiary; duty of impartiality
- §2083. Dealing on own account
- §2084. Loan by trustee to himself
- §2085. Sale by trustee to himself
- §2086. Self-dealing by corporate trustee
- §2087. Delegating performance
- §2088. Accounting
- §2089. Furnishing of information
- §2090. Prudent administration
- §2091. Control and preservation of trust property
- §2092. Recordation of instruments
- §2093. Defense of actions
- §2094. Separation of trust property
- §2095. Bank deposits
- §2096. Co-trustees
- §2097. Serving as officer of legal entity in which trust funds invested
SUBPART C. POWERS OF THE TRUSTEE
- §2111. Extent of powers
- §2112. Attachment of powers to office
- §2113. Exercise of powers by two trustees
- §2114. Three or more trustees; exercise of powers
- §2114.1. Allocation of different powers to different trustees
- §2115. Control of discretionary powers
- §2116. Repealed by Acts 2001, No. 520, §5.
- §2117. Expenses that may be incurred
- §2118. Lease of trust property
- §2119. Sale of trust property
- §2120. Mortgage or pledge; borrowing
- §2121. Compromise, arbitration, and abandonment of claims
- §2122. Powers with respect to shares of stock
- §2123. Stock subscription; incorporator; organizer; partnership; joint venture; limited liability company; other legal entities
- §2124. Holding stock in name of nominee
- §2125. Contractual liability of trust
- §2126. Tort liability of trust
- §2127. Standard of care in investing and management
- §2128. Common trust funds
- §2129. Corporate trustees; deposit of securities in clearing corporation
- §2130. Transfer of fiduciary accounts
- §2131. Distributions
SUBPART D. ALLOCATION TO INCOME AND PRINCIPAL NOTE: §2141 eff. until Jan. 1,
NOTE: §2142 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2143 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2144 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2146 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2147 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2148 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2149 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2150 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2151 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2151.1 eff. Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2151.2 eff. Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2152 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2153 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2154 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2155 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
NOTE: §2156.1 eff. Jan 1, 2021. See Acts 2020, No. 17.
NOTE: §2156.2 eff. Jan 1, 2021. See Acts 2020, No. 17.
NOTE: §2157 eff. until Jan. 1, 2021. See Acts 2020, No. 17.
SUBPART E. POWER TO ADJUST
- §2158. Power to adjust
- §2159. When the power to adjust is denied
- §2160. Adjustment benefiting trustee
- §2161. Adjustment beyond percentage limit
- §2162. General provisions regarding court orders affecting adjustments
- §2163. Remedies
NOTE: §2164 eff. Jan. 1, 2021. See Acts 2020, No. 17.
SUBPART F. POWER TO MAKE PROPERTY PRODUCTIVE OF INCOME
Subpart heading F redesignated eff. Jan. 1,
- §2171. Individual and corporate trustees
- §2172. Security required by court
- §2173. Increasing, diminishing, or dispensing with trustee's security by court
PART VI. COMPENSATION AND INDEMNITY OF THE TRUSTEE
SUBPART A. COMPENSATION OF THE TRUSTEE
SUBPART B. INDEMNITY OF THE TRUSTEE
- §2191. Indemnity for expenses properly incurred
- §2192. Indemnity for expenses not properly incurred
- §2193. Liability of beneficiary
- §2194. Charge on beneficiary's interest
- §2195. Charge on beneficiary's interest; advance or loan of trust money
- §2196. Indemnity for tort liability
PART VII. LIABILITIES OF THE TRUSTEE
- §2201. General rule
- §2202. Loss not resulting from breach of trust
- §2203. Balancing losses against gains
- §2204. Liability of successor trustee
- §2205. Liability of co-trustee
- §2206. Relief from liability by trust instrument
- §2207. Relief from liability by beneficiary
- §2208. Relief from liability by proper court
PART VIII. REMEDIES OF THE BENEFICIARY
PART IX. ACTIONS
- §2231. Causes of action; procedure
- §2232. Injunctive relief
- §2233. Instructions
- §2234. Prescription
- §2235. Proper court
PART X. DESIGNATION OF ATTORNEY OR REGISTERED AGENT
PART XI. VALIDATION
CHAPTER 1-A. UNIFORM CUSTODIAL TRUST ACT
- §2260.1. Definitions
- §2260.2. Custodial trust; general
- §2260.3. Custodial trustee for future payment or transfer
- §2260.4. Form and effect of receipt and acceptance by custodial trustee; jurisdiction
- §2260.5. Transfer to custodial trustee by fiduciary or obligor; facility of payment
- §2260.6. Multiple beneficiaries; separate custodial trusts; survivorship
- §2260.7. General duties of custodial trustee
- §2260.8. General powers of custodial trustee
- §2260.9. Use of custodial trust property
- §2260.10. Determination of incapacity; effect
- §2260.11. Exemption of third person from liability
- §2260.12. Liability to third person
- §2260.13. Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee
- §2260.14. Expenses, compensation, and bond of custodial trustee
- §2260.15. Reporting and accounting by custodial trustee; determination of liability of custodial trustee
- §2260.16. Limitations of action against custodial trustee
- §2260.17. Distribution on termination
- §2260.18. Methods and forms for creating custodial trusts
- §2260.19. Applicable law
- §2260.20. Uniformity of application and construction
- §2260.21. Short title
CHAPTER 1-B. FOREIGN TRUSTS
CHAPTER 1-C. TRUST FOR THE CARE AND BENEFIT OF AN ANIMAL
CHAPTER 2. DONATIONS FOR CHARITABLE PURPOSES
- §2271. Charitable purpose; beneficiary; conditions
- §2272. Trustees
- §2273. Who may be trustee
- §2274. Application of Louisiana Trust Code
- §2275. Trust enforcement
- §2276. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2277. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2278. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2279. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2280. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2281. Definition of terms used in R.S. 9:2282
- §2282. Method of transfer of control of educational, charitable or religious trusts; grounds
- §2283. Governing instrument; contents
PART II. DURATION OF CHARITABLE TRUSTS
- §2290. Perpetual duration
- §2291. Termination of small trust
- §2292. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2293. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2294. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
- §2295. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
PART III. DONATIONS TO RELIGIOUS ORGANIZATIONS
- §2321. Title quieted and perfected by lapse of time
- §2322. Rights in property after perfection of title
PART IV. CY PRES
- §2331. Circumstances authorizing application of doctrine; jurisdiction; petitioners
- §2332. Filing of petition; order; notice; service
- §2333. Hearing, evidence
- §2334. Judgment
- §2335. Immunity of trustee acting pursuant to judgment
- §2336. Appeal
- §2337. Application of Part
PART V. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT
- §2337.1. Short title
- §2337.2. Definitions
- §2337.3. Standard of conduct in managing and investing institutional fund
- §2337.4. Appropriation for expenditure or accumulation of endowment fund; rules of construction
- §2337.5. Delegation of management and investment functions
- §2337.6. Release or modification of restrictions on management, investment, or purpose
- §2337.7. Reviewing compliance
- §2337.8. Application to existing institutional funds
- §2337.9. Relation to Electronic Signatures in Global and National Commerce Act
- §2337.10. Uniformity of application and construction
CHAPTER 2-A. PUBLIC TRUSTS
- §2341. Public trusts authorized; purposes
- §2342. Mode of creation; acceptance of beneficial interest; amendments
- §2343. Trustees; appointment; powers; duties; term of office; compliance with Public Bid Law, Public Meetings Law, and Public Records Law; legislative oversight
- §2344. Liability of trustees and beneficiary
- §2345. Termination of public trusts
- §2346. Audits; supervision by legislative auditor; operating budget approval
- §2347. Bonds of public trust
CHAPTER 3. DONATIONS INTER VIVOS
- §2351. Donation irrevocable; reservation of right to revoke
- §2352. Renouncing right to revoke
- §2353. Civil Code Art. 156 unaffected
- §2354. [See R.S. 9:2372 and 2373, Acts 1995, No. 402, §1]
PART II. PARENT TO CHILD
PART III. EFFECT ON DONEES AND THIRD PARTIES
PART IV. CALCULATION OF MASS, REDUCTION AND COLLATION
- §2372. Donations inter vivos; exempt from reduction and calculation of succession mass
- §2373. Donations inter vivos to spouse of previous marriage; exemption from reduction and calculation of succession mass
CHAPTER 4. DONATIONS MORTIS CAUSA
PART II. UNIFORM PROBATE LAW
- §2421. Will probated outside state may be allowed and recorded
- §2422. Filing of will and proceedings thereon
- §2423. Admission to probate; force and effect
- §2424. Probate of will operative under laws of state or country not requiring probate
- §2425. Short title; interpretation
PART II-A. ESTATE TAX APPORTIONMENT LAW
- §2431. Definitions
- §2432. Apportionment of tax liability among persons interested in estate
- §2433. No apportionment between principal and income beneficiaries of trust and between usufructuaries and naked owners
- §2434. Fiduciary's right to withhold or recover proportion of tax attributable to persons interested in estate; security by person interested in estate for payment of tax
- §2435. Allowance for exemptions, deductions, and credits
- §2436. Action to recover amount of tax or deficiency from person interested in estate; time of filing; liability of fiduciary
- §2437. Action by nonresident; reciprocity
- §2438. Application of provisions
- §2439. Estate tax marital deduction; formula qualifying
PART III. MISCELLANEOUS PROVISIONS
- §2440. Continued validity of previously executed testaments
- §2441. Duration of usufruct in previously executed testament
- §2442. Repealed by Acts 1997, No. 1421, §8, eff. July 1, 1999.
- §2443. Repealed by Acts 1997, No. 1421, §8, eff. July 1, 1999.
- §2444. Repealed by Acts 1997, No. 1421, §8, eff. July 1, 1999.
- §2445. Repealed by Acts 1997, No. 1421, §8, eff. July 1, 1999.
- §2446. Will information registration
- §2447. Fees
- §2448. Repealed by Acts 2012, No. 125, §1.
- §2449. Individual retirement accounts; payment of benefits
- §2450. Succession representatives; liability for distributions
CHAPTER 5. OF FORCED HEIRS
- §2501. Repealed by Acts 2001, No. 560, §2, eff. June 22, 2001.
- §2502. Disinherison; retroactivity
- §2503. Exercise of succession rights; remedial provisions
CHAPTER 1. LOUISIANA UNIFORM ELECTRONIC
- §2601. Short title
- §2602. Definitions
- §2603. Scope
- §2603.1. Electronic applications for all warrants; signatures; electronic judicial records
- §2604. Prospective application; exemption from preemption
- §2605. Use of electronic records and electronic signatures; variation by agreement
- §2606. Construction and application
- §2607. Legal recognition of electronic records, electronic signatures, and electronic contracts
- §2608. Provision of information in writing; presentation of records
- §2609. Attribution and effect of electronic record and electronic signature
- §2610. Effect of change or error
- §2611. Notarization and acknowledgment
- §2612. Retention of electronic records; originals
- §2613. Admissibility in evidence
- §2614. Automated transaction
- §2615. Time and place of sending and receipt
- §2616. Transferable records
- §2617. Creation and retention of electronic records and conversion of written records by governmental agencies in this state
- §2618. Acceptance and distribution of electronic records by governmental agencies in this state
- §2619. Interoperability
- §2620. Severability clause
- §2621. Certification of electronic records
CHAPTER 1-A. OF PRESUMPTIONS
CHAPTER 1-B. REQUISITES FOR A VALID AGREEMENT
- §2711. Definitions; withdrawal of consent to agreement
- §2711.1. Consumer's right to cancel noncredit home solicitation sale
- §2712. Prohibition; counterletters
- §2713. Short title
- §2713.1. Definitions
- §2713.2. Registration; renewal
- §2713.3. Prohibited acts
- §2713.4. Authority to pursue and complete transfers
- §2713.5. Required disclosures to payee
- §2713.6. Approval of transfers of structured settlement payment rights
- §2713.7. Effects of transfer of structured settlement payment rights
- §2713.8. Procedure for approval of transfers
- §2713.9. General provisions; construction
- §2714. Chiropractors; certain contractual agreements invalid
- §2715. Repealed by Acts 2019, No. 260, §2, eff. July 1, 2020.
- §2716. Contracts with automatic renewal clauses
- §2717. Contracts against public policy; declaratory judgment
CHAPTER 1-C. GESTATIONAL CARRIER CONTRACTS
PART II. GENETIC GESTATIONAL CARRIER
PART III. GESTATIONAL CARRIER
- §2720. Enforceability of gestational carrier contract
- §2720.1. Parties to a gestational carrier contract
- §2720.2. Contractual requirements
- §2720.3. Proceeding to approve gestational carrier contract
- §2720.4. Institution of records check
- §2720.5. Order Preceding Embryo Transfer
- §2720.6. Multiple embryo transfer attempts
- §2720.7. Confidentiality
- §2720.8. Continuing and exclusive jurisdiction
- §2720.9. Termination of contract by notice
- §2720.10. Remedies
- §2720.11. Termination of contract and effects of divorce, nullity, and death
- §2720.12. Effect of subsequent marriage
- §2720.13. Post-Birth Order
- §2720.14. DNA testing
- §2720.15. Finality; time limitations
CHAPTER 2. REGISTRY OF INSTRUMENTS
- §2721. Filing in office of parish recorder
- §2721.1. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2722. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2723. Operation
- §2724. Liens or privileges not dependent upon recordation for existence or priority
- §2725. Certificates of redemption under Federal Tax Lien Act; filing and recording
- §2726. Attachment and recordation of plats; definitions; penalty
- §2727. Attachment and recordation of plats; expropriations
- §2728. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2729. Presumption of uniform intent and ownership
- §2733. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
CHAPTER 2-A. REGISTRY UNDER COMMERCIAL LAWS
CHAPTER 2-B. REGISTRY
- §2741. Establishing authenticity
- §2742. Notice of lease; requirements and effect
- §2743. Certificate of encumbrances; procedure; content; liability
- §2744. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2745. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009, and Acts 2006, No. 730, §2.
- §2746. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2747. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2748. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2749. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2750. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2751. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2752. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2753. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2754. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2755. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2756. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2757. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §2758. Notarial certified copy of lost original
- §2759. Lost original, certified copy from public record
- §2760. Recordation of electronic record in tangible form
CHAPTER 3. PERFORMANCE OF OBLIGATIONS
- §2771. Non-liability of contractor for destruction or deterioration of work
- §2772. Peremptive period for actions involving deficiencies in surveying, design, supervision, or construction of immovables or improvements thereon
- §2773. Limitations on the responsibility of agents, contractors, and representatives
- §2774. Guarantees and warranties in construction specifications
- §2775. Construction projects; equipment and machinery contracts; certain provisions invalid
- §2776. Acceptance of funds to procure legal representation; accounting
- §2778. Public contracts; certain provisions invalid
- §2779. Construction contracts, subcontracts, and purchase orders; certain provisions invalid
- §2780. Certain indemnification agreements invalid
- §2780.1. Certain contract provisions invalid; motor carrier transportation contracts; construction contracts
- §2781. Open accounts; attorney fees; professional fees; open account owed to the state
- §2781.1. Real estate broker privilege on commercial real estate; definition; recordation; ranking; collection of open account
- §2781.2. Real estate appraiser privilege on commercial real estate; definition; recordation; ranking
- §2782. Nonsufficient fund checks; damages, attorney fees
- §2782.1. Posting of nonsufficient fund checks
- §2782.2. Stop-payment order on checks; damages, attorney fees
- §2783. Public parking meters; public and private parking lots and garages
- §2784. Late payment by contractors to subcontractors and suppliers; penalties
CHAPTER 4. DEATH OF A PARTY
- §2785. Death of either party when obligation personal as to both
- §2786. Death of legatee before performance of personal obligation imposed on legacy
- §2787. Heritable obligations imposed on legacies
CHAPTER 5. INTEREST UPON ACCRUED
CHAPTER 6. INTEREST-BEARING DEPOSIT ACCOUNTS
CHAPTER 7. UNIFORM FRAUDULENT TRANSFER ACT
- §2790.1. Repealed by Acts 2004, No. 447, §2.
- §2790.2. Repealed by Acts 2004, No. 447, §2.
- §2790.3. Repealed by Acts 2004, No. 447, §2.
- §2790.4. Repealed by Acts 2004, No. 447, §2.
CODE
TITLE V--OF QUASI CONTRACTS, AND OF OFFENSES
- §2790.5. Legislative intent
- §2790.6. Disgorgement
- §2790.7. Repealed by Acts 2004, No. 477, §2.
- §2790.8. Repealed by Acts 2004, No. 447, §2.
- §2790.9. Repealed by Acts 2004, No. 447, §2.
- §2790.10. Repealed by Acts 2004, No. 447, §2.
- §2790.11. Repealed by Acts 2004, No. 447, §2.
- §2790.12. Repealed by Acts 2004, No. 447, §2.
- §2791. Liability of owner or occupant of property not used primarily for commercial recreational purposes
- §2792. Limitation of liability of member, director, trustee or officer of any public, charitable or nonprofit hospital, institution or organization
- §2792.1. Limitation of liability of director, officer, or trustee of nonprofit organization
- §2792.2. Limitation of liability of board member of downtown development district
- §2792.3. Limitation of liability of director, officer, trustee, or volunteer worker for incorporated and unincorporated nonprofit organizations; civic or historical purpose
- §2792.4. Limitation of liability of members of boards, commissions, or authorities of political subdivisions
- §2792.5. Limitation of liability of officer; federal or state credit union
- §2792.6. Limitation of liability of a trustee of a self-insurance trust fund
- §2792.7. Limitation of liability of director, officer, or trustee of certain homeowners associations
- §2792.8. Limitation of liability; employees of certain nonprofit organizations supervising or coordinating community services
- §2792.9. Limitation of liability of volunteers of area agencies on aging and voluntary councils on the aging; definitions; exceptions
- §2793. Gratuitous service at scene of emergency; limitation on liability
- §2793.1. Immunity from liability for public entities; fire department; law enforcement agency; public emergencies; F.B.I. agents
- §2793.2. Gratuitous emergency services rendered by American Red Cross volunteers; limitation of liability
- §2793.3. Gratuitous services rendered by the United Way; limitation of liability
- §2793.4. Gratuitous services rendered by Southern Mutual Help Association; limitation of liability
- §2793.5. Gratuitous services rendered by PRC Compassion, Inc.; limitation of liability
- §2793.6. Gratuitous services rendered by Catholic charities; limitation of liability
- §2793.7. Gratuitous services rendered by the Louisiana Girl Scout Councils; limitation of liability
- §2793.8. Services rendered by National Voluntary Organizations Active in Disaster and other volunteers; limitation of liability
- §2793.9. Gratuitous services rendered by religious organizations; limitation of liability
- §2793.10. Immunity from liability for homeland security and emergency preparedness, response and recovery activities
- §2794. Physicians, dentists, optometrists, and chiropractic physicians; malpractice; burden of proof; jury charge; physician witness expert qualification
- §2795. Limitation of liability of landowner of property used for recreational purposes; property owned by the Department of Wildlife and Fisheries; parks owned by public entities
- §2795.1. Limitation of liability of farm animal activity sponsor or professional; exceptions; required warning
- §2795.2. Limitation of liability for the Audubon Commission; the city of New Orleans; other entities operating facilities of the Audubon Commission; exceptions; required warning
- §2795.3. Limitation of liability of equine activity sponsor; exceptions; required warning
- §2795.4. Limitation of liability; motorized off-road vehicle activities; definitions; exceptions; required warning
- §2795.5. Limitation of liability; agritourism activities; definitions; exceptions; required warning
- §2795.6. Limitation of liability; nonprofit youth organizations; legislative findings; definitions; duties and liability of providers and participants
- §2795.7. Community service litter abatement, beautification, and maintenance program; establishment; limitation of liability
- §2796. Limitation of liability for loss connected with Mardi Gras parades and festivities; fair and festival parades
- §2796.1. Limitation of liability for loss connected with St. Patrick's Day parades or any ethnic parade
- §2796.2. Limitation of liability for loss connected with festivals, programs, or activities sponsored by an animal sanctuary
- §2796.3. Liability for loss related to bonfire presentations on the Mississippi River levee
- §2797. Users of blood or tissue; a medical service
- §2797.1. Certified, nonprofit poison control centers; legislative findings; limitation of liability
- §2798. Limitation of liability of a volunteer athletic coach, manager, team volunteer health care provider, or official; definitions
- §2798.1. Policymaking or discretionary acts or omissions of public entities or their officers or employees
- §2798.2. Limitation of liability for school volunteers
- §2798.3. Limitation of liability for school systems
- §2798.4. Immunity from liability; injuries sustained by persons driving under the influence of alcoholic beverages or drugs
- §2798.5. Limitation of liability; Louisiana Emergency Response Network
- §2799. Limitation of liability for damages from donated food
- §2799.1. Civil liability for theft of goods from merchant
- §2799.2. Institutional vandalism; civil damages
- §2799.3. Limitation of liability of restaurants, schools, churches, civic organizations, and certain food donors for damages from donated food
- §2799.4. Liability for unauthorized release of certain animals, birds, or aquatic species
- §2799.5. Limitation of liability for gratuitous service by a health care provider in a community health care clinic or community pharmacy
- §2799.6. Limitation of liability for damages from long-term consumption of food and nonalcoholic beverages
- §2800. Limitation of liability for public bodies
- §2800.1. Limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages
- §2800.2. Psychologist, psychiatrist, marriage and family therapist, licensed professional counselor, and social worker; limitation of liability
- §2800.3. Limitation of liability of persons designing, supervising or performing hazardous waste mitigation, abatement, or cleanup and asbestos removal, abatement, or cleanup services
- §2800.4. Limitation of liability of owner of farm or forest land; owner of oil, gas, or mineral property
- §2800.5. Immunity from liability for owners of block safe-houses
- §2800.6. Burden of proof in claims against merchants
- §2800.7. Repealed by Acts 2010, No. 706, §2, eff. Jan. 1, 2012.
- §2800.8. Property adjudicated to local governmental subdivision; liability of owner of record
- §2800.9. Action against a person for abuse of a minor
- §2800.10. Immunity from liability for injuries sustained while committing a felony offense
- §2800.11. Limitation of liability; municipal or parish airport authority; parked aircraft
- §2800.12. Liability for termination of a pregnancy
- §2800.13. Violation of transportation statute or regulation; determination of causation; evidence
- §2800.14. Limitation of liability for damages to oyster leases
- §2800.15. Limitation of liability for commercial and marine contractors, architects, and engineers, and persons licensed by the Louisiana Manufactured Housing Commission; mold and mold damage
- §2800.16. Limitation of liability; Louisiana Public Defender Board members
- §2800.17. Liability for the diminution in the value of a damaged vehicle
- §2800.18. Limitation of liability for volunteer medical transportation pilots
- §2800.19. Limitation of liability for use of force in defense of certain crimes
- §2800.20. Limitation of liability for a nonprofit health care quality improvement corporation; health care providers; health plans; reporting and disclosure of information
- §2800.21. Limitation of liability for curators and undercurators; acts of interdicts
- §2800.22. Limitation of liability for use of school facilities
- §2800.23. Limitation of liability for damages caused by persons with developmental disabilities
- §2800.24. Limitation of liability for granting voluntary right of passage to enclosed cemetery
- §2800.25. Limitation of liability for COVID-19
- §2800.26. Nonprofit limitation of liability; disclosure of certain information to prospective employer
- §2800.27. Recoverable past medical expenses; collateral sources; limitations; evidence
CHAPTER 3. LOUISIANA PRODUCTS LIABILITY ACT
- §2800.51. Short title
- §2800.52. Scope of this Chapter
- §2800.53. Definitions
- §2800.54. Manufacturer responsibility and burden of proof
- §2800.55. Unreasonably dangerous in construction or composition
- §2800.56. Unreasonably dangerous in design
- §2800.57. Unreasonably dangerous because of inadequate warning
- §2800.58. Unreasonably dangerous because of nonconformity to express warranty
- §2800.59. Manufacturer knowledge, design feasibility and burden of proof
- §2800.60. Liability of manufacturers and sellers of firearms
CHAPTER 4. LOUISIANA DRUG DEALER LIABILITY ACT
- §2800.61. Title; legislative intent
- §2800.62. Definitions
- §2800.63. Action for damages by persons other than the individual user
- §2800.64. Action by individual users
- §2800.65. Third parties not liable; nonassignment of cause of action
- §2800.66. Level of offense; amount of liability
- §2800.67. Joinder of actions
- §2800.68. Comparative fault
- §2800.69. Contribution by tortfeasors
- §2800.70. Proof of liability
- §2800.71. Defense; exclusion
- §2800.72. Writ of attachment
- §2800.73. Prescription
- §2800.74. Stay of action by governmental entity
- §2800.75. Actions between spouses
- §2800.76. Exemplary damages
CODE
TITLE VI--MATRIMONIAL REGIMES
- §2801. Partition of community property and settlement of claims arising from matrimonial regimes and co-ownership of former community property
- §2801.1. Community property; allocation and assignment of ownership
- §2801.2. Community property; valuation of goodwill
- §2802. Rendition of judgment of partition; prerequisite
- §2821. §§2821, 2822 Repealed by Acts 1978, No. 627, §8, eff. Jan. 1, 1980; Acts 1979, No. 709, §3, eff. Jan. 1, 1980
CHAPTER 2. MATRIMONIAL REGIMES (REPEALED)
CODE
TITLE VII. OF SALE
- §2901. Payment of taxes prior to transfer of real property
- §2902. Receipt or certificate of collector
- §2903. Certificate annexed to act; evidence of payment; officer exonerated for nonpayment
- §2904. Repealed by Acts 1978, No. 651, §3.
SUBPART B. TAX, LOCAL IMPROVEMENT ASSESSMENT, AND NONALIENATION CERTIFICATES; NEW ORLEANS
- §2921. Payment of taxes and past due charges for local improvement assessments prior to transfer of real property
- §2922. Receipt or certificate of collector
- §2923. Content of certificate
- §2924. Certificate annexed to act; evidence of payment; officer exonerated for nonpayment
- §2925. Assumption by transferee of taxes for current year
- §2926. Assumption by transferee of local improvement assessment charges maturing in future
- §2927. Penalty for violation; act prima facie proof
- §2928. Nonalienation certificate; penalty for violation
CHAPTER 2. CONVENTIONAL SALES
- §2941. "Bond for deed" defined
- §2941.1. Recordation; subsequent filings; interest prohibited; cancellation of mortgage records
- §2942. Unlawful to sell encumbered real property by bond for deed without guarantee to release on payment
- §2943. Method of payment
- §2944. Timely payment of installments precludes foreclosure; change of description upon foreclosure
- §2945. Cancellation of bond for deed upon default
- §2946. Unlawful to require mortgage notes when property encumbered; act of sale
- §2947. Penalty for violations
- §2948. Repealed by Acts 2020, No. 20, §2.
- §2949. [Blank - See C.C. Art. 477(B)]
PART II. SALES OF MOTOR VEHICLE DEALERSHIPS
- §2961. Limited availability of revocatory action
- §2962. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2963. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2964. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2965. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2966. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2967. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
- §2968. REPEALED BY ACTS 1991, NO. 377, §8, EFF. JAN. 1, 1992.
PART III. TRANSFER OF LANDS FRONTING WATERWAYS, HIGHWAYS, ETC.
- §2971. Presumption of grant of all interest; exceptions
- §2972. Nature of Part
- §2973. Preservation of rights
PART IV. TRANSFER OF LANDS ABUTTING ABANDONED ROADS, STREETS OR ALLEYS
- §2981. Presumption of grant of interest in abandoned road
- §2982. Part remedial
- §2983. Preservation of rights
- §2984. Construction
PART V. DUAL OR FRAUDULENT CONTRACTS
PART VI. SALE OF MINERAL RIGHTS BY MAIL SOLICITATION
- §2991.1. Title
- §2991.2. Sale of mineral rights by mail solicitation defined
- §2991.3. Exclusion of contracts initiated through personal contact
- §2991.4. Form
- §2991.5. Required disclosure; form notice of rescission
- §2991.6. Right to rescind; time for rescission
- §2991.7. Rescission; method of making; effects as to third persons
- §2991.8. Rescission; parties obligated to make payments
- §2991.9. Effects of rescission
- §2991.10. Prohibited terms
- §2991.11. Reservation
CHAPTER 3. JUDICIAL SALES
- §3001. Persons authorized to make judicial sales
- §3002. Sales on credit; notes; security
- §3003. Notes or bonds to be identified with sales
CHAPTER 4. ASSIGNMENT OR TRANSFER OF CREDITS OR
PART II. LOUISIANA ASSIGNMENT OF ACCOUNTS RECEIVABLE ACT
- §3101. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3102. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3103. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3104. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3105. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3106. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3107. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3108. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3109. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3110. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3111. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §3112. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
PART III. ASSIGNMENT OF PROCEEDS OF CROP FINANCING
CHAPTER 4-A. CORPOREAL IMMOVABLES
- §3131. Legislative intent
- §3132. Definitions
- §3133. Private transfer fee; prohibition
- §3134. Violations; liability
- §3135. Disclosure
- §3136. Existing transfer fee obligations; notice requirements
CHAPTER 4-B. LOUISIANA EXCHANGE SALE OF RECEIVABLES ACT
- §3137.1. Short title
- §3137.2. Legislative intent
- §3137.3. Definitions
- §3137.4. Scope
- §3137.5. True sales of receivables; not subject to recharacterization; simulation articles not applicable
- §3137.6. Binding effectiveness of Louisiana law
- §3137.7. Buyer ownership rights; evidence of ownership
- §3137.8. Relationship to the UCC
- §3137.9. Prohibition of actions
CHAPTER 5. NEW HOME WARRANTY ACT
- §3141. Purpose
- §3142. Short title
- §3143. Definitions
- §3144. Warranties; exclusions
- §3145. Required notice
- §3146. Peremption
- §3147. Insurance
- §3148. Transfer of warranty and insurance
- §3149. Violations; limitations
- §3150. Exclusiveness
CHAPTER 6. AUCTION SALES, JUDICIAL SALES,
- §3151. Sale by auction, definition
- §3152. Voluntary or forced sale
- §3153. Auction sale by officers of justice
- §3154. General rules governing sales by auction
- §3155. Sale through public officer
- §3156. Announcement of conditions of sale and demand for bids.
- §3157. Adjudication to highest bidder
- §3158. Adjudication as completion of sale
- §3159. Payment of price before delivery
- §3160. Sale of immovable, retention of price until execution of act
- §3161. Resale for non-compliance with bid; adjudicatee's liability for deficiency
- §3162. Resale, bid by first adjudicatee prohibited
- §3163. Rejection of indorser of purchase price notes, effect on adjudication
- §3164. Liability of seller refusing to accept solvent indorser
- §3165. Liability for unauthorized bidding in name of another
PART II. JUDICIAL SALES
SUBPART A. IN GENERAL
SUBPART B. SEIZURE OR EXECUTION
- §3168. Execution sale, persons authorized to make
- §3169. Rescission for fraud or nullity; redhibition not permitted
- §3170. Rights acquired at execution sale
- §3171. Rights of buyer in case of eviction
SUBPART C. SUCCESSION PROPERTY
- §3172. Authority to order succession sale; persons authorized to sell
- §3173. Transfer of title
- §3174. Warranties
- §3175. Purchase of property by heirs of succession
PART III. EXPROPRIATION
- §3176. Repealed by Acts 2012, No. 702, §2.
- §3177. Repealed by Acts 2012, No. 702, §2.
- §3178. Repealed by Acts 2012, No. 702, §2.
- §3179. Repealed by Acts 2012, No. 702, §2.
- §3180. Repealed by Acts 2012, No. 702, §2.
- §3181. Repealed by Acts 2012, No. 702, §2.
- §3182. Repealed by Acts 2012, No. 702, §2.
- §3183. Repealed by Acts 2012, No. 702, §2.
- §3184. Repealed by Acts 2012, No. 702, §2.
- §3185. Repealed by Acts 2012, No. 702, §2.
- §3186. Repealed by Acts 2012, No. 702, §2.
- §3187. Repealed by Acts 2012, No. 702, §2.
- §3188. Repealed by Acts 2012, No. 702, §2.
- §3189. Repealed by Acts 2012, No. 702, §2.
- §3190. Repealed by Acts 2012, No. 702, §2.
- §3191. Repealed by Acts 2012, No. 702, §2.
- §3191.1. Thirty-year prescription; return of expropriated residential property
CHAPTER 7. RELATIONSHIP BETWEEN THE CIVIL CODE
CHAPTER 8. RESIDENTIAL PROPERTY DISCLOSURE
- §3196. Definitions
- §3197. Applicability; exemptions
- §3198. Duties of the seller; delivery of property disclosure document; termination of real estate contract; information contained in document and inaccuracies; required disclosure of information relative to homeowners' associations; liability of seller
- §3198.1. Duties of governmental entities; contaminated property
- §3199. Duty of real estate licensees; liability
- §3200. Other statutory disclosure obligations
CODE
TITLE VIII--OF EXCHANGE
- §3201. Abandonment or failure to cultivate land
- §3202. Assisting and enticing lessee to violate lease
- §3203. Refusal to permit lessee to occupy or cultivate property
- §3204. Lessor's part of crop considered his property; disposition; penalty
PART II. LIABILITY FOR INJURIES
PART III. LESSOR'S PRIVILEGE
PART IV. LESSEE'S DEPOSIT
- §3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
- §3252. Failure of lessor to comply; recovery of amounts by lessee; venue
- §3253. Costs and attorney's fees
- §3254. Waiver of tenant's rights prohibited
PART V. LESSORS' RIGHTS
- §3258. Lessor's right to own, control, use, enjoy, protect and dispose of property and things
- §3258.1. Residential lease application requirements
- §3259. Unpaid rent; attorney fees
- §3259.1. Unpaid rent; mobile homes or manufactured housing; notification by lessor
- §3259.2. Application for or receipt of government funds not a defense to action to evict
- §3259.3. Privilege for unpaid lease payments; abandoned manufactured homes and abandoned movable property; enforcement of privilege by owner of immovable property; definitions
PART VI. OBLIGATIONS AND RIGHTS OF THE LESSEE
- §3260. Premises rendered uninhabitable; mitigation of damages
- §3260.1. Lessee's right to notification of foreclosure action
- §3261. Rights of military personnel to terminate lease
- §3261.1. Lease agreements for certain residential dwellings; domestic abuse victims
- §3261.2. Lease agreements for certain residential dwellings; sexual assault victims
CHAPTER 2. LEASES OF MOVABLES
- §3301. Short title
- §3302. Declaration of policy
- §3303. Scope
- §3304. Exclusions
- §3305. Waiver; agreement to forego rights
- §3306. Definitions
- §3307. Terms
- §3308. Construction against implicit repeal
PART II. CIVIL CODE
- §3309. True leases
- §3310. Financed leases
- §3310.1. Constructive delivery and possession in sale/lease-back situations
PART III. CHARGES
- §3311. Interest rate charges; true leases
- §3312. Interest rate charges; financed leases
- §3313. Additional lease related charges
- §3314. Late charges
- §3315. Deferral charges
- §3316. Early termination charges
- §3317. End of lease charges
PART IV. REMEDIES FOLLOWING LESSEE'S DEFAULT
- §3318. Options of lessor following lessee's default
- §3319. Accelerated rental payments
- §3320. Cancellation of lease following lessee's default
- §3321. Surrender of leased property after notice
- §3322. Summary proceeding for surrender of property; rule to show cause; judgment
- §3323. Appeal from judgment on rule
- §3324. Ordinary proceedings in addition to summary proceedings
- §3325. Recovery of liquidated damages
- §3326. Sequestration in ordinary proceedings
- §3327. Release to lessee of sequestered property
- §3328. Release of sequestered property to lessor
- §3329. Prohibition against self-help repossession
- §3330. Lessor's right to protect and preserve leased property
PART V. INSURANCE
- §3331. Requirement of insurance
- §3332. Credit life and credit health and accident insurance
- §3333. Property insurance
- §3334. Choice of insurer
- §3335. Limitations on insurance rates; contract requirements
- §3336. Conditions applying to insurance provided by the lessor
- §3337. Cancellation of insurance; refund or credit upon cancellation
- §3338. Gain from insurance
PART VI. MISCELLANEOUS
- §3339. Referrals
- §3340. Unauthorized collection practices
- §3341. Violations
- §3342. Recordation of leases of movables
CHAPTER 3. RENTAL-PURCHASE AGREEMENTS
- §3351. Short title
- §3352. Definitions
- §3353. Inapplicability of other laws; exempted transactions
- §3354. General requirements of disclosure
- §3355. Disclosures
- §3356. Prohibited practices
- §3357. Reinstatement
- §3358. Receipts and accounts
- §3359. Renegotiations and extensions
- §3360. Advertising
- §3361. Enforcement; penalties
- §3362. Taxes
CHAPTER 4. SALE/LEASE-BACK COMMERCIAL TRANSACTIONS
CHAPTER 5. REMOVAL AND PRESERVATION OF PROPERTY
CODE
TITLE XI-PARTNERSHIP
- §3401. Central registry; creation
- §3402. Filing
- §3403. Contract of partnership; required content; use of names
- §3404. Contract amendment
- §3405. Registration; endorsement; issuance of certificate; effect
- §3406. Recorder of mortgages; filings
- §3407. Delivery in advance of effective date
- §3408. Filing within five days of execution; effect
- §3409. Annual report
- §3410. Filing and copying fees
CHAPTER 2. QUALIFICATION OF FOREIGN PARTNERSHIPS
- §3421. Foreign partnership; definition
- §3422. Registration
- §3423. Ownership of immovable property; limitation of liability
- §3424. Service of process
- §3425. Effect of registry
- §3426. Amendment of statement
- §3427. Termination
- §3428. Annual report
CHAPTER 3. REGISTERED LIMITED LIABILITY PARTNERSHIPS
- §3431. Nature of partner's liability in ordinary partnership and in registered limited liability partnership
- §3432. Registered limited liability partnerships
- §3433. Name of registered limited liability partnership
- §3434. Restrictions on distributions
- §3435. Provisions applicable to registered limited liability partnerships
CHAPTER 4. MERGER OR CONSOLIDATION
- §3441. Terms defined
- §3442. Merger or consolidation
- §3443. Agreement of merger or consolidation
- §3444. Approval of merger or consolidation
- §3445. Certificate of merger or consolidation
- §3446. Effects of merger or consolidation
- §3447. Merger or consolidation with foreign entity
- §3500. Rates of legal and conventional interest; usury
CODE
TITLE XII--OF LOAN
- §3501. Forfeiture of interest
- §3502. Statement of policy
- §3503. Maximum rate of conventional interest on certain loans
- §3504. Certain types of transactions exempt from the application of the laws on usury and interest upon interest; adjustable rate mortgage loan
- §3505. Items or charges not considered interest
- §3506. Application
- §3506.1. Time for accrual of interest; penalties
- §3506.2. REPEALED BY ACTS 1993, NO. 458, §2, EFF. JULY 1, 1993.
- §3507. Maximum interest rate on assessments for public improvements on benefited properties
- §3508. Federal Housing Administration insured obligations; interest clause; enforceability
- §3509. Rate of interest paid for commercial, business, or agricultural loans; rate upon default
- §3509.1. Adjustable rate loans for commercial, business, or agricultural purposes
- §3509.2. Interest upon accrued interest; exceptions
- §3509.3. Prepayment of loan
- §3509.4. Deferment of loan payments during declared disaster
CHAPTER 2. LOUISIANA CONSUMER CREDIT LAW
- §3510. Short title
- §3511. Scope
- §3512. Exclusions
- §3513. Waiver, agreement to forego rights
- §3514. Agreement to contract; disclosures of the contract
- §3515. Conduct of certain business other than making consumer loans prohibited
- §3516. Definitions
- §3517. Terms; construction; additional fees and charges
- §3518. Construction against implicit repeal
- §3518.1. Records of the Office of Financial Institutions
- §3518.2. Credit cards; unsolicited delivery or mailing prohibited; penalty
- §3518.3. Credit cards; printing of accounting numbers on sales receipts; liability
- §3518.4. Contract validity; consumer credit transactions; deferred presentment transactions
PART II. MAXIMUM CHARGES
- §3519. Consumer loans
- §3520. Consumer credit sale
- §3521. Maximum charges after negotiations
- §3522. Maximum charges after maturity
- §3523. Credit service charge for revolving charge accounts
- §3524. Loan finance charge on lender credit card accounts
- §3525. Leap years
- §3526. Variable rates
- §3527. Maximum delinquency charges; notice of conversion
- §3528. Maximum deferral charges
- §3529. Installment of consumer credit transaction returned; additional charge to account
- §3530. Fees; origination; notary, documentation; over-the-credit-limit fee
PART III. PREPAYMENT OF CONSUMER CREDIT TRANSACTIONS
- §3531. Right to prepay
- §3532. Rebate upon prepayment
- §3532.1. Prepayment penalties in connection with simple interest real estate secured loans
- §3533. Rebate after acceleration of maturity
PART IV. LIMITATIONS ON AGREEMENTS AND PRACTICES
- §3534. Fees; attorney, collection agency
- §3534.1. Collection agent; registration; assignment of debt to collector
- §3535. Use of multiple agreements
- §3536. Referral sales
- §3537. Repealed by Acts 1980, No. 694, §2.
PART V. HOME SOLICITATION SALES
- §3538. Consumer's right to cancel
- §3539. Form of agreement or offer; statement of consumer's right; compliance
- §3540. Restoration of down payment; retention of cancellation fee
- §3541. Duty of consumer; no compensation for services prior to cancellation
- §3541.1. Consumer's right to cancel mail and check solicitation sales
PART V-A. HOME SOLICITATION OF PERSONS WHO ARE AGED
PART VI. INSURANCE
- §3542. Requirement of insurance
- §3543. Property insurance
- §3544. Existing insurance
- §3545. Limitations on insurance rates; contract requirements
- §3546. Choice of insurer
- §3547. Conditions applying to insurance provided by the extender of credit
- §3548. Cancellation of insurance; refund or credit upon cancellation
- §3549. Gain from insurance
- §3550. Insurance premium finance companies
PART VII. REMEDIES AND PENALTIES
PART VIII. ADMINISTRATION
- §3554. Powers of commissioner
- §3554.1. Commissioner's powers; unlicensed persons
- §3554.2. Reapplication after revocation of a license
- §3554.3. Cost of appeal; effect of final decision
- §3555. Injunctions; investigations; enforcement actions; civil penalties; costs
- §3556. Method of procedure
- §3556.1. Records; rules
- §3556.2. Guidance by commissioner; advisory opinions
- §3556.3. Violations; penalties
PART IX. LICENSING PROVISIONS
- §3557. Authority to make consumer loans
- §3558. License to make consumer loans
- §3559. Continuation of licensing
- §3559.1. Regulation of former licensees
- §3560. Licenses not required
- §3561. Single place of business; additional licenses
- §3561.1. License; examination; renewal fees; records
- §3561.2. Registration of licensees with the secretary of state
PART X. COLLECTION PRACTICES
PART XI. NOTIFICATION AND FEES
- §3563. Applicability
- §3563.1. Financial institutions exempt
- §3564. Notification
- §3565. Notification fee
- §3566. Repealed by Acts 1997, No. 48, §1.
- §3567. Repealed by Acts 1997, No. 63, §3.
PART XII. IDENTITY THEFT
PART XIII. DISCLOSURE OF PERSONAL CREDIT INFORMATION
- §3571. Dissemination of specific credit information; subpoena of records; requirements; penalties
- §3571.1. Credit reporting agency information and reports; consumer access to files; right of correction; dissemination or maintenance of untrue or misleading credit information by credit reporting agency; investigation; right to recovery
- §3571.2. Limitations on use of consumer's credit report
- §3571.3. Security freezes for protected persons
PART XIV. LOAN BROKERS
- §3572.1. Loan broker defined
- §3572.2. Exemptions; licensing and bonding; loan broker
- §3572.3. Licensure required
- §3572.4. Corporation
- §3572.5. Application form
- §3572.6. Restrictions; records
- §3572.7. Examination; rules
- §3572.8. Bond or trust account required
- §3572.9. Rebate upon prepayment
- §3572.10. Right of cancellation
- §3572.11. Loan brokerage statement; disclosure statement required
- §3572.12. Violations; penalties
PART XV. CREDIT REPAIR SERVICES ORGANIZATIONS ACT
- §3573.1. Short title; purpose
- §3573.2. Definitions; exemptions
- §3573.3. Prohibited conduct
- §3573.4. Bond; trust account
- §3573.5. Repealed by Acts 2006, No. 190, §2.
- §3573.6. Disclosure statement
- §3573.7. Form and terms of contract
- §3573.8. Waiver
- §3573.9. Repealed by Acts 2008, No. 858, §2, eff. July 9, 2008.
- §3573.10. Action for damages
- §3573.11. Orders, injunctions, and publication
- §3573.12. Statute of limitations
- §3573.13. Criminal penalty
- §3573.14. Burden of proving exemption
- §3573.15. Remedies cumulative
- §3573.16. Civil money penalties
- §3573.17. Repealed by Acts 2008, No. 858, §2, eff. July 9, 2008.
PART XVI. ADVANCE FEE LOANS
- §3574.1. Short title
- §3574.2. Definitions
- §3574.3. Advance fees; prohibited acts
- §3574.4. Responsibility of principals
- §3574.5. Investigations; cease and desist orders; administrative fines
- §3574.6. Investigations; examinations; subpoenas; hearings; witnesses
- §3574.7. Injunction to restrain violations
- §3574.8. Criminal penalties
- §3574.9. Actions for damages
- §3574.10. Duties and powers of the office
PART XVII. REFUND ANTICIPATION LOANS
- §3575.1. Repealed by Acts 1997, No. 798, §1.
- §3575.2. Repealed by Acts 1997, No. 798, §1.
- §3575.3. Repealed by Acts 1997, No. 798, §1.
- §3575.4. Repealed by Acts 1997, No. 798, §1.
- §3575.5. Repealed by Acts 1997, No. 798, §1.
- §3575.6. Repealed by Acts 1997, No. 789, §1.
- §3575.7. Repealed by Acts 1997, No. 798, §1.
- §3575.8. Repealed by Acts 1997, No. 798, §1.
- §3575.9. Repealed by Acts 1997, No. 798, §1.
- §3575.10. Repealed by Acts 1997, No. 798, §1.
PART XVIII. COLLECTION AGENCY REGULATION ACT
SUBPART A. GENERAL PROVISIONS
- §3576.1. Repealed by Acts 2003, No. 638, §1.
- §3576.2. Repealed by Acts 2003, No. 638, §1.
- §3576.3. Repealed by Acts 2003, No. 638, §1.
- §3576.4. Repealed by Acts 2003, No. 638, §1.
- §3576.5. Repealed by Acts 2003, No. 638, §1.
- §3576.6. Repealed by Acts 2003, No. 638, §1.
- §3576.7. Repealed by Acts 2003, No. 638, §1.
SUBPART B. LICENSING, BONDING, REGULATION, LITIGATION, PENALTIES
- §3576.8. Repealed by Acts 2003, No. 638, §1.
- §3576.9. Repealed by Acts 2003, No. 638, §1.
- §3576.10. Repealed by Acts 2003, No. 638, §1.
- §3576.11. Repealed by Acts 2003, No. 638, §1.
- §3576.12. Repealed by Acts 2003, No. 638, §1.
- §3576.13. Repealed by Acts 2003, No. 638, §1.
- §3576.14. Repealed by Acts 2003, No. 638, §1.
- §3576.15. Repealed by Acts 2003, No. 638, §1.
- §3576.16. Repealed by Acts 2003, No. 638, §1.
- §3576.17. Repealed by Acts 2003, No. 638, §1.
- §3576.18. Repealed by Acts 2003, No. 638, §1.
- §3576.19. Repealed by Acts 2003, No. 638, §1.
- §3576.20. Repealed by Acts 2003, No. 638, §1.
- §3576.21. Repealed by Acts 2003, No. 638, §1.
- §3576.22. Repealed by Acts 2003, No. 638, §1.
- §3576.23. Repealed by Acts 2003, No. 638, §1.
- §3576.24. Repealed by Acts 2003, No. 638, §1.
PART XIX. COLLEGE CAMPUS CREDIT CARD SOLICITATION LAW
- §3577.1. Short title
- §3577.2. Definitions
- §3577.3. Registration prior to solicitation; inducements prohibited
- §3577.4. Debt collection against parent or guardian prohibited
- §3577.5. Violations; penalties
CHAPTER 2-A. LOUISIANA DEFERRED PRESENTMENT
- §3578.1. Short title
- §3578.2. Legislative intent
- §3578.3. Definitions
- §3578.4. Finance charge and fees
- §3578.4.1. Extended payment plan; terms; conditions
- §3578.5. Rebate upon prepayment
- §3578.6. Prohibited acts
- §3578.7. Posting of notice; toll-free number
- §3578.8. Powers of the commissioner; adoption of rules and regulations
CHAPTER 2-B. LOUISIANA TAX REFUND ANTICIPATION LOAN ACT
- §3579.1. Short title
- §3579.2. Definitions
- §3579.3. Restriction on acting as facilitator
- §3579.4. Disclosure requirements
CHAPTER 3. LOUISIANA EQUAL CREDIT OPPORTUNITY LAW
- §3581. Short title
- §3582. Scope
- §3583. Discrimination prohibited
- §3584. Repealed by Acts 1979, No. 709, 3, eff. Jan. 1, 1980
CHAPTER 4. CONFESSION OF JUDGMENT
CODE
TITLE XIII--OF DEPOSIT AND SEQUESTRATION
CODE
TITLE XIV--OF ALEATORY CONTRACTS
- §3801. Definitions
- §3802. Payment or transfer to fiduciary; responsibility for proper application
- §3803. Repealed by Acts 1960, No. 444, §2
- §3804. Endorsement of negotiable instrument; duty and liability of endorsee
- §3805. Payee of check or bill of exchange; duties and liability
- §3806. Check or bill of exchange payable to, or transferred to, fiduciary; duties and liability of transferee
- §3807. Bank paying check; liability of
- §3808. Check upon principal's account; liability of bank paying
- §3809. Deposit by fiduciary to his personal credit; duties and liabilities of bank
- §3810. Check upon deposit in name of two or more trustees; duties of bank and holder
- §3811. Transactions prior to January 1, 1925
- §3812. Cases not provided for; rules applicable
- §3813. Uniform construction
- §3814. Short title
CHAPTER 2. UNIFORM LAW FOR SIMPLIFICATION
- §3831. Definitions
- §3832. Registration in the name of a fiduciary
- §3833. Assignment by a fiduciary
- §3834. Evidence of appointment or incumbency
- §3835. Adverse claims
- §3836. Non-liability of corporation and transfer agent
- §3837. Non-liability of third persons
- §3838. Territorial application
- §3839. Tax obligations
- §3840. Uniformity of interpretation; short title
- §3850. Express mandate between spouses; revocation
CHAPTER 2-A. ACTION TO REVIEW THE ACTS OF A MANDATARY
- §3851. Who may file; petition contents; service; venue
- §3852. Dismissal upon motion to dismiss filed by the principal
- §3853. Substitution
- §3854. Relief
- §3855. Payment of costs and attorney fees
- §3856. Applicability
CHAPTER 3. LOUISIANA MILITARY POWERS OF ATTORNEY
- §3861. Application; military personnel
- §3862. Illustrative form; military power of attorney
- §3863. Requirements for legally sufficient power of attorney; federal preemption
- §3864. Initialed lines on form or designation as general or special; no limitation of powers
- §3865. Repealed by Acts 1995, No. 1131, §2.
- §3867. Additional form of power of attorney; application of this Chapter
- §3868. Short title
- §3869. Application and construction of Chapter
- §3870. Powers granted
- §3871. Tangible personal property transactions; powers granted
- §3872. Stock and bond transactions; powers granted
- §3873. Commodity and option transactions; powers granted
- §3874. Banking and other financial institution transactions; powers granted
- §3875. Business operating transactions; powers granted
- §3876. Insurance and annuity transactions; powers granted
- §3877. Estate, trust, and other beneficiary transactions; powers granted
- §3878. Claims and litigations; powers granted
- §3879. Personal and family maintenance; powers granted
- §3879.1. Care, custody, and control of minor child
- §3880. Social security; civil or military benefits; powers granted
- §3881. Retirement plan transactions; powers granted
- §3882. Tax matters; powers granted
- §3882.1. Real or immovable property transactions; powers granted
- §3883. After-acquired property; state where property is located or where power is executed
- §3884. Trust instruments; power to modify or revoke
- §3885. Liability of person acting in good faith reliance upon power of attorney
- §3886. Application of power of attorney to all or portion of property of principal; description of items or parcels
- §3887. Acceptance of military power of attorney
CHAPTER 3-A. CONDITIONAL PROCURATION
CHAPTER 4. AGENCY RELATIONS IN
- §3891. Definitions
- §3892. Relationships between licensees and persons
- §3893. Duties of licensees representing clients
- §3894. Licensee's relationship with customers
- §3895. Termination of agency relationship
- §3896. Compensation; agency relationship
- §3897. Dual agency
- §3898. Subagency
- §3899. Vicarious liability
CODE
TITLE XVI--OF SURETYSHIP
- §3901. Premium on bond, expense of administration
- §3902. Failure of surety to pay; recovery of attorney's fees
- §3903. Subrogation in favor of surety on twelve months' bond
- §3904. Agreement with surety as to deposit of moneys
PART II. SURETY FOR LEGAL REPRESENTATIVE
- §3911. Withdrawal of surety from bond of administrator, executor, curator or tutor
- §3912. Procedure for release of judicial surety
CODE
TITLE XVII--OF TRANSACTION OR COMPROMISE
CODE
TITLE XVIII--OF RESPITE
- §4101. Short title; purpose; definitions
- §4102. Discussion of mediation with clients
- §4103. Referral of a case for mediation; exceptions
- §4104. Selection of mediator
- §4105. Approved register of mediators
- §4106. Qualifications of mediators
- §4107. Standard of conduct; disclosure
- §4108. Required attendance and participation in mediation
- §4109. Cost of mediation
- §4110. Nonbinding effect
- §4111. Written settlement agreements
- §4112. Confidentiality
CHAPTER 2. LOUISIANA BINDING ARBITRATION LAW
- §4201. Validity of arbitration agreements
- §4202. Stay of proceedings brought in violation of arbitration agreement
- §4203. Remedy in case of default; petition and notice; hearing and proceedings
- §4204. Appointment of arbitrators
- §4205. Application heard as motion
- §4206. Witnesses; summoning; compelling attendance; evidence
- §4207. Depositions
- §4208. Award
- §4209. Motion to confirm award; jurisdiction; notice
- §4210. Motion to vacate award; grounds; rehearing
- §4211. Motion to modify or correct award; grounds
- §4212. Judgment upon award
- §4213. Notice of motions; when made; service; stay of proceedings
- §4214. Record; filing; judgment; effect and enforcement
- §4215. Appeals
- §4216. Limitation of application of Chapter
- §4217. Short title
CHAPTER 3. ARBITRATION OF MEDICAL AND DENTAL
- §4230. Definitions
- §4231. Voluntary arbitration; medical or dental practitioner and patient
- §4232. Voluntary arbitration; patient and medical institution
- §4233. Selection of arbitrators; qualifications; restrictions
- §4234. Arbitration procedure; controversies involving medical contracts and dental contracts
- §4235. Notification to patient
- §4236. Expiration of contract
CHAPTER 4. INTERNATIONAL COMMERCIAL ARBITRATION ACT
- §4241. Scope of application
- §4242. Definitions and rules of interpretation
- §4243. Receipt of written communications
- §4244. Waiver of right to object
- §4245. Extent of court intervention
- §4246. Court; functions of arbitration assistance and supervision
- §4247. Definition and form of arbitration agreement
- §4248. Arbitration agreement and substantive claim before court
- §4249. Arbitration agreement and interim measures by court
- §4250. Number of arbitrators
- §4251. Appointment of arbitrators
- §4252. Grounds for challenge
- §4253. Challenge procedure
- §4254. Failure or impossibility to act
- §4255. Appointment of substitute arbitrator
- §4256. Competence of arbitral tribunal to rule on its jurisdiction
- §4257. Power of arbitral tribunal to order interim measures
- §4258. Equal treatment of parties
- §4259. Determination of rules of procedure
- §4260. Place of arbitration
- §4261. Commencement of arbitral proceedings
- §4262. Language
- §4263. Statements of claim and defense
- §4264. Hearings and written proceedings
- §4265. Default of a party
- §4266. Expert appointed by arbitral tribunal
- §4267. Court assistance in taking evidence
- §4268. Rules applicable to substance of dispute
- §4269. Decisionmaking by panel of arbitrators
- §4270. Settlement
- §4271. Form and contents of award
- §4272. Termination of proceedings
- §4273. Correction and interpretation of award; additional award
- §4274. Application for setting aside as exclusive recourse against arbitral award
- §4275. Recognition and enforcement
- §4276. Grounds for refusing recognition or enforcement
CODE
TITLE XX--OF PLEDGE
- §4301. REPEALED BY ACTS 1989, No. 137, §19, EFF. SEPT. 1, 1989.
- §4302. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
- §4303. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
- §4304. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
PART II. INCORPOREAL RIGHTS NOT EVIDENCED IN WRITING
- §4321. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4322. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4323. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4323.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
PART II-A. DISPOSITION OF PLEDGED INCORPOREAL BY PLEDGOR
PART II-B. SECURITIZED FINANCINGS
- §4330. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4331. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4331.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4332. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4333. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4334. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
PART III. CROP PLEDGES
SUBPART A. IN GENERAL
- §4341. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4342. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4343. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
SUBPART B. RECORDATION
- §4361. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4363. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
SUBPART C. LIABILITY FOR VIOLATIONS
- §4381. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4382. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
SUBPART D. RELATION TO
CODE
TITLE XX - SECURITY
- §4401. Pledge of the lessor's rights in the lease of an immovable and its rents
- §4402. Right of pledgee to cash proceeds of rent
- §4403. Transitional filing rules for assignments of leases and rents recorded prior to January 1, 2015
PART V. PLEDGE OR ASSIGNMENT OF SECURED INSTRUMENTS
- §4421. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §4422. Obligations secured by mortgages or privileges; signatures and writings deemed authentic for purposes of foreclosure
CODE
TITLE XXI--OF PRIVILEGES
- §4501. Repairman's privilege on automobiles and other machinery
- §4502. Privilege for making or repairing movable goods, commodities, equipment, merchandise, machinery, and other movable objects
PART I-A. AIRCRAFT
PART II. CROPS
- §4521. Repealed by Acts 2010, No. 378, §4.
- §4522. Water furnished to grow crops
- §4522.1. Water furnished under crop share agreement; exempt
- §4523. Threshermen's, combinemen's, and grain drier's privilege
- §4524. Repealed by Acts 2010, No. 378, §4.
PART III. VENDOR'S PRIVILEGE
SUBPART A. IN GENERAL
- §4541. Seller of agricultural products in chartered cities and towns
- §4542. Seller of cotton seed on manufactured products
- §4543. Seller of sugar cane on manufactured products
- §4544. Vegetables, seafood, and other perishable items
SUBPART B. SEWING MACHINES AND PIANOS
- §4561. Sewing machines and pianos subject to seizure
- §4562. Repealed by Acts 1985, No. 592, §6, effective July 13, 1985.
- §4563. Entry and removal of property
- §4564. Penalty for violation
SUBPART C. PAYMENTS UNDER POLICIES OF INSURANCE
- §4581. Holder of vendor's privilege on property destroyed by fire, privilege on insurance
- §4582. Notice to insurer and to assured; deposit in court
PART IV. CARRIER'S CHARGES
PART V. LOGS AND LUMBER
PART VI. MOSS
PART VII. HORSES
PART VIII. RUGS, CARPETS, CLOTHING, AND HOUSEHOLD GOODS
- §4681. Carpets and rugs, cleaning and storage
- §4682. Loss of privilege
- §4683. Other remedies
- §4684. Satisfaction of privilege; procedure; sale
- §4685. Proceeds, disposition of
- §4686. Claimant may pay charges and acquire possession
- §4687. Clothing or household goods; procedures for sale
- §4688. Proceeds, disposition of
- §4689. Clothing or household goods; disposition of other than by sale
PART IX. JEWELRY, GEMS, AND WATCHES
- §4701. Private sale of unclaimed goods of less than $10
- §4702. Notice to owner
- §4703. Proceeds, disposition of
PART X. SUGAR, SYRUP, AND MOLASSES
PART XI. SHIPS AND OTHER VESSELS
PART XII. PROCEEDS RECOVERED BY INJURED PERSON
- §4751. Definitions
- §4752. Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons
- §4753. Written notice
- §4754. Failure to pay over monies after notice
- §4755. Itemized statements
PART XIII. SELF-SERVICE STORAGE FACILITIES
NOTE: §4758.1 eff. Jan. 1, 2022. See Acts 2021, No. 111.
- §4758.1. Notice of privilege
- §4759. Options of owner upon lessee's default
- §4760. Supplemental nature of act
PART XIV. RELATION TO UNIFORM COMMERCIAL CODE
PART XV. MARINA AND BOATYARD STORAGE FACILITIES
- §4780. Short title
- §4781. Definitions
- §4782. Privilege
- §4783. Notice of privilege
- §4784. Enforcement of privilege
- §4785. Cessation of enforcement actions
PART XVI. OTHER PRIVILEGES ON MOVABLES
PART XVII. TOWED AND STORED VESSEL ACT
- §4791. Short title
- §4792. Definitions
- §4793. Privilege
- §4794. Vessel owner information
- §4795. Notice of privilege and default
- §4796. Advertisement: enforcement of privilege
- §4797. Sale and purchasers
- §4798. Regulations
CHAPTER 2. PRIVILEGES ON IMMOVABLES
- §4801. Improvement of immovable by owner; privileges securing the improvement
- §4802. Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvement
- §4803. Amounts secured by claims and privileges
- §4804. Notices required of certain claimants
SUBPART B. DEFINITIONS
- §4806. Owner defined; interest affected
- §4807. Contractor, general contractor, subcontractor defined
- §4808. Work defined
- §4809. Substantial completion and abandonment of work defined
- §4810. Miscellaneous definitions
SUBPART C. WORK PERFORMED BY GENERAL CONTRACTORS
- §4811. Notice of a contract with a general contractor to be filed
- §4812. Bond required; terms and conditions
- §4813. Liability of the surety
- §4814. Redesignated as R.S. 9:4856 pursuant to Acts 2019, No. 325.
- §4815. Redesignated as R.S. 9:4857 pursuant to Acts 2019, No. 325.
SUBPART D. CLAIMS AND PRIVILEGES; EFFECTIVENESS; PRESERVATION; RANKING; EXTINGUISHMENT
- §4820. Privileges; effective date
- §4821. Ranking of privileges arising under this Part
- §4822. Preservation of claims and privileges
- §4823. Extinguishment of claims and privileges
SUBPART E. FILING; CANCELLATION; PEREMPTION
- §4831. Filing; place of filing; contents
- §4832. Cancellation of notice of contract
- §4833. Request to cancel the inscription of claims and privileges; cancellation; notice of pendency of action
- §4834. Notice of contract; cessation of effect, reinscription
- §4835. Filing of bond or other security; cancellation of statement of claim or privilege or notice of pendency of action
SUBPART F. ENFORCEMENT; DELIVERY OF COMMUNICATIONS; PROOF OF DELIVERY OF MOVABLES
- §4841. Enforcement of claims and privileges; concursus
- §4842. Delivery of communications or documents
- §4843. Receipt of communications or documents
- §4844. Delivery by mail or commercial courier
- §4845. Delivery by electronic means
- §4846. Proof of delivery of movables; prima facie evidence
SUBPART G. RESIDENTIAL TRUTH IN CONSTRUCTION ACT
- §4851. Scope; definition
- §4852. Notice
- §4853. Copies of notice
- §4854. Lien rights unaffected
- §4855. Penalty for violation
SUBPART H. MISAPPLICATION OF PROCEEDS; RETAINAGE
- §4856. Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs
- §4857. Escrow of funds due under contract; procedures
- §4858. Contractor's retainage bond
PART II. OIL, GAS, AND WATER WELLS
SUBPART A. IN GENERAL
- §4861. Definitions
- §4861.1. [Blank]
- §4861.2. [Blank]
- §4862. Privilege for labor, services, or supplies
- §4863. Property subject to the privilege
- §4864. When the privilege is established and when it is extinguished
- §4865. Cessation of effect as to certain third persons
- §4866. Extinction as to movable property
- §4867. Notice to operator
- §4868. Statement of privilege; form and content
- §4869. Purchaser of hydrocarbons; effect of privilege and notices required
- §4870. Ranking of privileges
- §4871. Enforcement of claims and privileges
- §4872. Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action
- §4873. Delivery of movables to well site; burden of proof
SUBPART B. PRIVILEGES AND OTHER RIGHTS OF OPERATORS AND NON-OPERATORS
- §4881. Definitions
- §4882. Privilege of the operator and non-operator
- §4883. Property subject to the privilege
- §4884. When the privilege is established and when it is extinguished
- §4885. Cessation of effect as to certain third persons
- §4886. Extinction as to movable property
- §4887. Statement of privilege; form and content
- §4888. Ranking of privileges
- §4889. Enforcement of privileges
PART III. RAILROADS
SUBPART A. IN GENERAL
- §4901. Railroad tracks, road-beds, etc., privilege for material or labor
- §4902. Recordation unnecessary; effective period
- §4903. Rank
PART IV. PUBLIC WORKS
SUBPART A. IN GENERAL
- §4921. Feed for livestock used on public works; filing claims for
- §4922. Statement of amount due
- §4923. Feed claims have same rights as those for labor or materials
SUBPART B. BONDING CLAIMS
PART V. MISCELLANEOUS
- §4961. Attorney's fees, limitation for recordation of lien
- §4962. §§4962 to 4965 Repealed by Acts 1950, No. 200, §2
CHAPTER 3. PRIVILEGES ON MOVABLES AND IMMOVABLES
PART II. PRIVILEGES TO EFFECT SEPARATION OF PATRIMONY
- §5011. Privilege of succession creditor and particular legatee
- §5012. Privilege of creditor of heir or legatee
- §5013. Effect of privileges
- §5014. Enforcement of privilege on immovables alienated by heirs or legatees
- §5015. Peremption of inscription of privilege of succession creditor or particular legatee
- §5016. Peremption of inscription of privilege of creditor of heir or legatee
PART III. PRIVILEGE FOR PRODUCERS OF AGRICULTURAL AND DAIRY PRODUCTS
PART IV. RIGHTS OF LIEN OR PRIVILEGE HOLDER
CODE
TITLE XXII--OF MORTGAGES
- §5101. Repealed by Acts 1974, No. 50, §3, eff. Jan. 1, 1975; Acts 1974, No. 546, §2, eff. Jan. 1, 1975
- §5102. REPEALED BY ACTS 1991, NO. 652, §4, EFF. JAN. 1, 1992.
- §5103. Newspaper plant, equipment, name, and good will
- §5104. Repealed by Acts 1978, No. 728, §3, eff. Jan. 1, 1979
- §5105. Repealed by Acts 1978, No. 728, §3, eff. Jan. 1, 1979
SUBPART B. HOME APPLIANCES AND EQUIPMENT
SUBPART C. MINERAL MORTGAGES--APPOINTMENT OF KEEPER
- §5131. Appointment by court
- §5132. Designation in mortgage
- §5133. Powers, duties and compensation
- §5134. Security
- §5135. Requests to court for instructions
SUBPART D. CONVENTIONAL MORTGAGES, APPOINTMENT OF RECEIVER OR KEEPER
- §5136. Designation in mortgage or other instrument of keeper of property
- §5137. Appointment of person designated by parties
- §5138. Powers, duties, and compensation
- §5139. Security
- §5140. Requests to court for instructions
- §5140.1. Effect of Subpart on other provisions of law
- §5140.2. Security interests under Chapter 9 of Louisiana Commercial Laws
PART II. DUTIES OF RECORDERS
SUBPART A. INSCRIPTION
- §5141. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5142. Parish wherein state capitol is located, special mortgages
- §5143. Parish wherein state capitol is located, vendor's mortgages or sales with mortgage.
SUBPART B. ERASURE OR CANCELLATION
- §5161. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5162. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5163. United States agencies mortgagees of record; no cancellation or subordination without notice
- §5164. Service of notice
- §5165. Issuance of release of mortgage by current mortgagee
- §5166. Cancellation of mortgage and vendor's lien inscriptions; uniform cancellation affidavit; requirements and effects
- §5167. Cancellation of mortgage or vendor's privilege by affidavit of notary or title insurer where paraphed note or other evidence is lost or destroyed
- §5167.1. Cancellation of mortgage inscription by affidavit; penalties
- §5167.2. Cancellation of mortgage inscription
- §5168. Promissory notes; loss or destruction; proof by affidavit
- §5169. Cancellation of mortgages and privileges not securing paraphed obligations
- §5169.1. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5170. Cancellation of mortgages and privileges securing paraphed obligations
- §5171. Cancellation; certified copy of order, decree or other instrument
- §5172. Cancellation; partial cancellation; licensed financial institution
- §5173. Mortgage or privilege cancellation by financial institution; standard form
- §5173.1. Mortgage or privilege partial cancellation by financial institution; standard form
- §5174. Liability for incorrect or false request for cancellation
- §5175. Order of discharge in bankruptcy; effect
- §5176. Extinction of certain rights; acknowledgment by owner or holder
- §5177. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5178. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5179. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5180. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5180.1. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5180.2. Repealed by Acts 1995, No. 1087, §5.
- §5180.3. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5180.4. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
SUBPART C. CERTIFICATES
- §5181. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5182. Repealed by Acts 1992, No. 1132, §3, eff. Jan. 1, 1993.
- §5183. Repealed by Acts 1978, No. 651, §3
SUBPART D. NOTICE OF TAX SALES
- §5201. Repealed by Acts 1997, No. 584, §1.
- §5202. Repealed by Acts 1997, No. 584, §1.
- §5203. Repealed by Acts 1997, No. 584, §1.
SUBPART E. THE OFFICE OF MORTGAGES
- §5206. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5207. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5208. Registers kept by recorder of mortgages in Orleans Parish
- §5209. Authentication of registers in Orleans Parish
- §5210. Registers and authentication outside Orleans Parish
- §5211. Register with title of acts and time of filing
- §5212. Prompt recordation and certificate of encumbrances
- §5213. Method of recordation; certificate of encumbrances
- §5214. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5215. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5216. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5217. Recorder's fees for multiple indebtedness mortgages; form
PART III. RIGHTS OF MORTGAGE HOLDER
CHAPTER 2. CONVENTIONAL MORTGAGES
- §5301. Conventional mortgage to secure several obligations
- §5302. Fiduciary as mortgagee in trust for creditors
- §5303. Creditors' interests under mortgage
- §5304. Enforcement of mortgage; limitations
- §5305. Paraph unnecessary; proviso
- §5306. Act of mortgage may include pledge
- §5307. Substitutions, fidei commissa, or trust dispositions; laws not applicable
PART II. MORTGAGES ON RURAL PROPERTY
- §5321. Definitions
- §5322. Repealed by Acts 1995, No. 1201, §6.
- §5323. Repealed by Acts 1995, No. 1201, §6.
- §5324. Schedule of penalties
- §5325. Exclusions
- §5326. Repealed by Acts 1995, No. 1184, §4; Acts 1995, No. 1201, §6.
PART III. CHATTEL MORTGAGES
- §5351. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5351.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5352. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5352.1. Repealed by Acts 1988, No. 920, §2, eff. July 26, 1988.
- §5353. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5354. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5354.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5354.2. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5355. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5356. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5357. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5358. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5359. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5360. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5361. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5362. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5363. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5363.1. Abandoned mobile homes; secured parties
- §5364. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5365. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5366. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5366.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5366.2. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
PART IV. MORTGAGE OF MOVABLES USED IN COMMERCIAL OR INDUSTRIAL ACTIVITY
- §5367. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5368. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5369. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5370. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5371. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5372. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
- §5373. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
CHAPTER 3. LEGAL MORTGAGES
- §5501. Affidavit of distinction; acknowledgment; contents; damages
- §5501.1. Sworn affidavit; form
- §5502. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5503. Affidavit of identity; content; effect; penalty for falsifying
- §5504. Privileges and liens in favor of state, parish, or municipal bodies
CHAPTER 4. SHIP MORTGAGE LAW
- §5521. Short title
- §5522. Definitions
- §5523. Identifying numbers
- §5524. Title to work; materials and components
- §5525. Mortgage of ships; materials and components
- §5526. Mortgage to be in writing; description and content
- §5527. Authentication; filing; fee
- §5528. Effect of filing; rights and privileges retained
- §5529. Ship mortgage book; form
- §5530. Cancellation; reinscription; fee
- §5531. Failure to affix hull number; removal of hull number; penalty
- §5532. Mortgaging with fraudulent intent; penalty
- §5533. Disposal of mortgaged ship with fraudulent intent; penalty
- §5534. Acceleration of maturity date, grounds for
- §5535. Fraudulent release of mortgage; penalty
- §5536. Remedies of creditors
- §5537. Ship mortgage certificates; fee
- §5538. Relation to Chapter 9 of the Louisiana Commercial Laws
CHAPTER 5. COLLATERAL MORTGAGES AND
- §5550. Definitions
- §5551. Effective date of a collateral mortgage
- §5552. Defenses to enforcement of a collateral mortgage
- §5553. Defenses to enforcement of a vendor's privilege
- §5554. No requirement of registry of transfer, assignment, pledge, or security interest in or of the written obligation, collateral mortgage, or vendor's privilege
- §5555. Executory process in the case of notes or other obligations not paraphed for identification with the mortgage
- §5556. Repealed by Acts 2005, No. 169, §8, eff. July 1, 2006.
- §5557. Obligation to grant release of mortgage
CODE
TITLE XXIII--OCCUPANCY AND POSSESSION
- §5601. Crops; injury, destruction, or loss of profits; non-delivery or non-acceptance
- §5602. Contracts for work and labor; New Orleans
- §5603. Public ways; damages due to grading
- §5604. Actions for professional accounting liability
- §5605. Actions for legal malpractice
- §5605.1. Theft of client funds; prescription
- §5606. Actions for professional insurance agent liability
- §5607. Actions against a professional engineer, surveyor, professional interior designer, architect, real estate developer; peremptive periods
- §5608. Actions against home inspectors
- §5609. Contracts to buy or sell; peremption of the effect of recordation; prescription for actions
- §5610. Actions against real estate appraisers, appraisal management companies, and real estate appraisal companies; prescriptive and peremptive periods
SUBPART B. TWO YEARS
- §5621. Acts of succession representative
- §5622. Informalities in auction sales, two and five year prescription.
- §5623. Acts of sheriff; overpayments
- §5624. Actions for damages to property damaged for public purposes
- §5625. Violation of zoning restriction, building restriction, or subdivision regulation
- §5626. Actions and claims for lands and improvements used or destroyed for levees or levee drainage purposes
- §5627. Building encroaching on public way
- §5628. Actions for medical malpractice
- §5628.1. Actions for liability from the use of blood or tissue
- §5629. Uninsured motorist insurance claims
- §5630. Actions by unrecognized successor against third persons
- §5631. Minors, interdicts, and posthumous children
- §5632. Actions against succession representatives, tutors, and curators; defect in alienations, encumbrances, or leases
SUBPART B-1. THREE YEARS
- §5633. Blighted property; acquisitive prescription
- §5633.1. Blighted property in certain municipalities; acquisitive prescription
SUBPART C. FIVE YEARS
- §5641. Sale under attachment against foreign corporation
- §5642. Sheriffs' deeds
- §5643. Right to probate testament
- §5644. Prescription of actions involving asbestos abatement
- §5645. Prescription of actions involving contract to sell or transfer immovable property
- §5646. Sale of immovable property by domestic or foreign corporation or unincorporated association
- §5647. Power of attorney; action to set aside under certain conditions
SUBPART D. SIX YEARS
- §5661. Land patents
- §5683. Repealed by Acts 1981, No. 721, §2
- §5684. Repealed by Acts 1981, No. 721, §2
SUBPART E. TEN YEARS
SUBPART F. THIRTY YEARS
PART II. INTERRUPTION AND PRESCRIPTION
- §5801. Involuntary dismissal; failure to timely request service of citation
- §5802. Fugitive from justice
- §5803. Property adjudicated to state for non-payment of taxes
- §5804. Immovable property of municipal corporation
- §5805. Minerals, mineral or royalty rights; liberative prescription not suspended by minority or other disability
- §5806. Repealed by Acts 1974, No. 50, §3, eff. Jan. 1, 1975
- §5807. Interruption of prescription on pledged obligations by payment on obligation secured by pledge
PART III. ALTERATION OF PRESCRIPTIVE PERIODS
PART IV. SUSPENSION OR EXTENSION OF PRESCRIPTION, PEREMPTION, AND OTHER LEGAL DEADLINES DURING
- §5821. Purpose; ratification
- §5822. Suspension and extension of prescription and peremption; exceptions
- §5823. Suspension of legal deadlines; extension of legal deadlines; contradictory hearing
- §5824. Purpose; certain courts; suspension and extension of prescription and peremption and other legal deadlines
- §5825. Applicability
PART V. SUSPENSION OR EXTENSION OF PRESCRIPTION AND PEREMPTION DURING 2016 FLOODING DISASTER
- §5826. Purpose
- §5827. Suspension and extension of prescription and peremption; 2016 flooding disaster
PART VI. SUSPENSION OR EXTENSION OF PRESCRIPTION AND PEREMPTION DURING 2020 COVID-19 PUBLIC HEALTH EMERGENCY
- §5828. Purpose; ratification
- §5829. Suspension and extension of prescription and peremption; exceptions
- §5830. Suspension of legal deadlines; extension of legal deadlines; contradictory hearing
CODE BOOK IV - CONFLICT OF LAWS
CODE
TITLE I - OF FOREIGN LAW