Louisiana Civil Code

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CHAPTER 15 - ASSIGNMENT OF RIGHTS

Art. 2642. All rights may be assigned, with the exception of those pertaining to obligations that are strictly personal. The assignee is subrogated to the rights of the assignor against the debtor. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2643. The assignment of a right is effective against the debtor and third persons only from the time the debtor has actual knowledge, or has been given notice of the assignment.

If a partial assignment unreasonably increases the burden of the debtor he may recover from either the assignor or the assignee a reasonable amount for the increased burden. [Acts 1984, No. 921, §1; Acts 1985, No. 97, §1; Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2644. When the debtor, without knowledge or notice of the assignment, renders performance to the assignor, such performance extinguishes the obligation of the debtor and is effective against the assignee and third persons. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2645. The assignment of a right includes its accessories such as security rights. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2646. The assignor of a right warrants its existence at the time of the assignment.

The assignor does not warrant the solvency of the debtor, however, unless he has agreed to give such a warranty. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2647. [Reserved]

Art. 2648. An assignor who warrants the solvency of the debtor warrants that solvency at the time of the assignment only and, in the absence of agreement to the contrary, does not warrant the future solvency of the debtor. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2649. When the assignor of a right did not warrant the solvency of the debtor but knew of his insolvency, the assignee without such knowledge may obtain rescission of the contract. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2650. A person who assigns his right in the estate of a deceased person, without specifying any assets, warrants only his right of succession as heir or legatee. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2651. [Reserved]

Art. 2652. When a litigious right is assigned, the debtor may extinguish his obligation by paying to the assignee the price the assignee paid for the assignment, with interest from the time of the assignment.

A right is litigious, for that purpose, when it is contested in a suit already filed.

Nevertheless, the debtor may not thus extinguish his obligation when the assignment has been made to a co-owner of the assigned right, or to a possessor of the thing subject to the litigious right. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2653. A right cannot be assigned when the contract from which it arises prohibits the assignment of that right. Such a prohibition has no effect against an assignee who has no knowledge of its existence. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2654. The assignor of a right must deliver to the assignee all documents in his possession that evidence the right. Nevertheless, a failure by the assignor to deliver such documents does not affect the validity of the assignment.

When a right is assigned only in part, the assignor may give the assignee an original or a copy of such documents. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

 

CHAPTER 16 - OF THE GIVING IN PAYMENT

Art. 2655. Giving in payment is a contract whereby an obligor gives a thing to the obligee, who accepts it in payment of a debt. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2656. Delivery of the thing is essential to the perfection of a giving in payment. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2657. An obligor may give a thing to the obligee in partial payment of a debt.

A giving in partial payment extinguishes the debt in the amount intended by the parties. If the parties' intent concerning the amount of the partial extinguishment cannot be ascertained, it is presumed that they intended to extinguish the debt in the amount of the fair market value of the thing given in partial payment. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2658. [Reserved]

Art. 2659. The giving in payment is governed by the rules of the contract of sale, with the differences provided for in this Chapter. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

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