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Louisiana Civil Code 2006-6-12

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Louisiana Civil Code 2006-6-12

    PRELIMINARY TITLE

    CHAPTER 1 - GENERAL PRINCIPLES

    ART 1. Sources of law

    The sources of law are legislation and custom.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 2. Legislation

    Legislation is a solemn expression of legislative will.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 3. Custom

    Custom results from practice repeated for a long time and generally accepted as having acquired the force of law. Custom may not abrogate legislation.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 4. Absence of legislation or custom

    When no rule for a pARTicular situation can be derived from legislation or custom, the court is bound to proceed according to equity. To decide equitably, resort is made to justice, reason, and prevailing usages. Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 5. Ignorance of law

    No one may avail himself of ignorance of the law.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 6. Retroactivity of laws

    In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 7. Laws for the preservation of the public interest Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 8. Repeal of laws

    Laws are repealed, either entirely or pARTially, by other laws.

    It is express when it is literally A repeal may be express or implied.

    declared by a subsequent law. It is implied when the new law contains provisions that are contrary to, or irreconcilable with, those of the former law.

    The repeal of a repealing law does not revive the first law. Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    CHAPTER 2 - INTERPRETATION OF LAWS

    ART 9. Clear and unambiguous law

    When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 10. Language susceptible of different meanings

    When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 11. Meaning of words

    The words of a law must be given their generally prevailing meaning. Words of ART and technical terms must be given their technical meaning when the law involves a technical matter.

Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 12. Ambiguous words

    When the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole.

     Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    ART 13. Laws on the same subject matter

    on the same subject matter must be interpreted in reference to each Laws

    other.

    Acts 1987, No. 124, ?1, eff. Jan. 1, 1988.

    CHAPTER 3. CONFLICT OF LAWS

    ART 14. Multistate cases

    Unless otherwise expressly provided by the law of this state, cases having contacts with other states are governed by the law selected in accordance with the provisions of Book IV of this Code.

    Acts 1991, No. 923, ?1, eff. Jan. 1, 1992.

    BOOK I.

    OF PERSONS

    TITLE I. NATURAL AND JURIDICAL PERSONS

    ART 24. Kinds of persons

    There are two kinds of persons: natural persons and juridical persons. A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a pARTnership. The personality of a juridical person is distinct from that of its members.

    Acts 1987, No. 125, ?1, eff. Jan. 1, 1988.

    ART 27. General legal capacity

    All natural persons enjoy general legal capacity to have rights and duties.

    Acts 1987, No. 125, ?1, eff. Jan. 1, 1988.

    ART 28. Capacity to make juridical acts

    A natural person who has reached majority has capacity to make all sorts of juridical acts, unless otherwise provided by legislation. Acts 1987, No. 125, ?1, eff. Jan. 1, 1988.

    ART 29. Age of majority

    Majority is attained upon reaching the age of eighteen years. Acts 1987, No. 125, ?1, eff. Jan. 1. 1988.

    ART 30. Presumption of death

    When a person has disappeared under circumstances such that his death seems certain, his death is considered to have been established even though his body has not been found.

    Acts 1990, No. 989, ?3, eff. Jan. 1, 1991.

    ART 31. Existence of a person at time of accrual of a right One claiming a right that has accrued to another person is bound to prove that such person existed at the time when the right accrued. Acts 1990, No. 989, ?3, eff. Jan. 1, 1991.

    TITLE II--OF DOMICILE AND THE MANNER OF

    CHANGING THE SAME

    ART 38. Domicile, general definition.

    The domicile of each citizen is in the parish wherein he has his principal establishment.

    The principal establishment is that in which he makes his habitual residence; if he resides alternately in several places, and nearly as much in one as in another, and has not declared his intention in the manner hereafter prescribed, any one of the said places where he resides may be

    considered as his principal establishment, at the option of the persons whose interests are thereby affected.

    ART 39. Minors and interdicts

    The domicile of a minor not emancipated is that of his father, mother, or tutor; a person of full age, under interdiction, has his domicile with his curator.

    Acts 1985, No. 272, ?1.

    ART 40. Laborers or servants.

    Persons who have attained the age of majority, and who labor constantly with, or serve others, have the same domicile as those with whom they labor or serve, provided they reside with them.

    ART 40.1. Military personnel

    For the purpose of status jurisdiction provided for in C.C.P. ARTicle 10, a person not domiciled elsewhere in this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least six months and has resided in the parish where an action has been filed, in which he is a pARTy, for at least ninety days immediately preceding the filing of such action is considered to be a domiciliary of this state and of the parish during the period of his service at such installations.

    Acts 1984, No. 494, ?1.

    ART 41. Change of domicile; residence and intent.

    A change of domicile from one parish to another is produced by the act of residing in another parish, combined with the intention of making one's principal establishment there.

    ART 42. Proof of intent by written declaration.

    This intention is proved by an express declaration of it before the recorders of the parishes, from which and to which he shall intend to remove.

    This declaration is made in writing, is signed by the pARTy making it, and registered by the recorder.

    ART 43. Proof of intent in absence of declaration.

    In case this declaration is not made, the proof of this intention shall depend upon circumstances.

    ART 44. Persons holding temporary office, domicile.

    A citizen accepting a temporary and precarious office, or one from which he may be removed at pleasure,* retains his ancient domicile, if he has not evinced a contrary intention.

    *"Or one from which he may be removed at pleasure" has no counterpART in French text.

    ART 45. Persons holding office for life and other public officers, domicile.

    An acceptance of an office conferred for life or during good behavior, implies an immediate transfer of the domicile of the officer to the parish in which he is required to exercise his functions.

    But public officers, who perform duties throughout the State or in a district composed of several parishes, preserve the domicile they had before their appointment, unless they manifest a contrary intention. ART 46. Absence from state; forfeiture of domicile.

    once acquired shall not be forfeited by absence on business of Domicile

    the State or of the United States, but a voluntary absence of two years from the State, or the acquisition of residence in any other State of this Union, or elsewhere, shall forfeit a domicile within this State.

    TITLE III. ABSENT PERSONS

    CHAPTER 1. CURATORSHIP OF THE PROPERTY OF

    ABSENT PERSONS

    ART 47. Curator of an absent person's property

    An absent person is one who has no representative in this state and whose whereabouts are not known and cannot be ascertained by diligent effort. When an absent person owns property in this state, the court may, upon petition of any interested pARTy and a showing of necessity, appoint a curator to manage the property of the absent person.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

ART 48. Powers, rights, and duties of curator

    The curator has power of administration and disposition over the property of the absent person as provided by legislation.

    When the absent person is a spouse in community, the curatorship is limited to his separate property.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 49. Legal capacity of absent person

    establishment of the curatorship does not deprive the absent person The

    of his capacity to make juridical acts. Nevertheless, his acts of disposition of immovable property are not effective towards third persons and the curator unless filed for registry in the public records of the parish in which the immovable property is located.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 50. Termination of curatorship of right

    The curatorship of the property of the absent person terminates of right when he appoints a person to represent him in this state, when his whereabouts become known, or when he dies.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 51. Termination by judgment of declaration of death

    The curatorship of the property of the absent person also terminates when a judgment of declaration of death is rendered.

    When an absent person has no known heirs and is presumed dead, it shall be the duty of the curator to initiate proceedings for a declaration of death.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 52. Effects of termination of curatorship

    Upon termination of the curatorship, the curator is bound to account for his management and to restore the property to the formerly absent person or to his successors.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 53. Validity of acts of curator after termination of the curatorship When the curator acquires knowledge of the termination of his curatorship, he is bound to file a notice in the curatorship proceeding that his authority to manage the property of the formerly absent person has ceased. Acts of administration or disposition made by the curator after the curatorship has terminated are valid toward third persons unless notice of the termination of the curatorship has been filed in the curatorship proceeding.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    CHAPTER 2. DECLARATION OF DEATH

    ART 54. Absent person; declaration of death

    One who has been an absent person for five years is presumed to be dead. Upon petition by an interested pARTy, the court shall render judgment declaring the death of the absent person and shall determine the date on which the absence commenced and the date of death.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 55. Declaration of death; effect

    The succession of the person declared dead shall be opened as of the date of death fixed in the judgment, and his estate shall devolve in accordance with the law of successions.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 56. New evidence as to time of death

    If there is clear and convincing new evidence establishing a date of death other than that determined in the judgment of declaration of death, the judgment shall be amended accordingly.

    Persons previously recognized as successors are bound to restore the estate to the new successors but may keep the fruits they have gathered. Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 57. Reappearance of absent person; recovery of his property

    If a person who has been declared dead reappears, he shall be entitled to recover his property that still exists in the condition in which it is found from those who took it as his successors or from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 58. Succession rights of person presumed dead or declared dead A person who is presumed to be dead or who has been declared dead at a time a succession would have been opened in his favor cannot be a successor. The estate of the deceased devolves as if that person were dead at the time of the opening of the succession.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 59. Reappearance of absent person; recovery of his inheritance

    the person who is presumed to be dead or who has been declared dead If

    reappears, he shall be entitled to recover his inheritance in the condition in which it is found from those who succeeded in his default and from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.

    Acts 1990, No. 989, ?1, eff. Jan. 1, 1991.

    ART 60. ARTs. 60 to 85 repealed by Acts 1990, No. 989, ?1, eff. January

    1, 1991.

    TITLE IV - HUSBAND AND WIFE

    CHAPTER 1 - MARRIAGE: GENERAL PRINCIPLES

    ART 86. Marriage; definition

    Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law.

    Acts 1987, No. 886, ?1, eff. Jan. 1, 1988.

    ART 87. Contract of marriage; requirements

The requirements for the contract of marriage are:

    The absence of legal impediment.

    A marriage ceremony.

    The free consent of the pARTies to take each other as husband and wife, expressed at the ceremony.

    Acts 1987, No. 886, ?1, eff. Jan. 1, 1988.

    ART 88. Impediment of existing marriage

    A married person may not contract another marriage.

    Acts 1987, No. 886, ?1, eff. Jan. 1, 1988.

    ART 89. Impediment of same sex

    me sex may not contract marriage with each other. A Persons of the sa

    purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.

    Acts 1987, No. 886, ?1, eff. Jan. 1, 1988; Acts 1999, No. 890, ?1.

    ART 90. Impediments of relationship

    A. The following persons may not contract marriage with each other: (1) Ascendants and descendants.

    (2) Collaterals within the fourth degree, whether of the whole or of the half blood.

    B. The impediment exists whether the persons are related by consanguinity or by adoption. Nevertheless, persons related by adoption, though not by blood, in the collateral line within the fourth degree may marry each other if they obtain judicial authorization in writing to do so.

    Acts 1987, No. 886, ?1, eff. Jan. 1, 1988; Acts 2004, No. 26, ?1.

    NOTE: SEE ACTS 1987, NO. 886, ?5.

    ART 91. Marriage ceremony required

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