Louisiana Civil Code

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TITLE XVII - COMPROMISE

Art. 3071. A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship. [Amended by Acts 1981, No. 782, §1, eff. July 28, 1981; Acts 2007, No. 138, §1]

Art. 3072. A compromise shall be made in writing or recited in open court, in which case the recitation shall be susceptible of being transcribed from the record of the proceedings. [Acts 2007, No. 138, §1]

Art. 3073. When a compromise effects a transfer or renunciation of rights, the parties shall have the capacity, and the contract shall meet the requirement of form, prescribed for the transfer or renunciation. [Acts 2007, No. 138, §1]

Art. 3074. The civil consequences of an unlawful act giving rise to a criminal action may be the object of a compromise, but the criminal action itself shall not be extinguished by the compromise.

A compromise may relate to the patrimonial effects of a person's civil status, but that civil status cannot be changed by the compromise. [Acts 2007, No. 138, §1]

Art. 3075. A compromise entered into by one of multiple persons with an interest in the same matter does not bind the others, nor can it be raised by them as a defense, unless the matter compromised is a solidary obligation. [Acts 2007, No. 138, §1]

Art. 3076. A compromise settles only those differences that the parties clearly intended to settle, including the necessary consequences of what they express. [Acts 2007, No. 138, §1]

Art. 3077. [Reserved]

Art. 3078. A compromise does not affect rights subsequently acquired by a party, unless those rights are expressly included in the agreement. [Acts 2007, No. 138, §1]

Art. 3079. A compromise is also made when the claimant of a disputed or unliquidated claim, regardless of the extent of his claim, accepts a payment that the other party tenders with the clearly expressed written condition that acceptance of the payment will extinguish the obligation. [Acts 2007, No. 138, §1]

Art. 3080. A compromise precludes the parties from bringing a subsequent action based upon the matter that was compromised. [Acts 2007, No. 138, §1]

Art. 3081. A compromise does not effect a novation of the antecedent obligation. When a party fails to perform a compromise, the other party may act either to enforce the compromise or to dissolve it and enforce his original claim. [Acts 2007, No. 138, §1]

Art. 3082. A compromise may be rescinded for error, fraud, and other grounds for the annulment of contracts. Nevertheless, a compromise cannot be rescinded on grounds of error of law or lesion. [Acts 2007, No. 138, §1]

Art. 3083. A compromise entered into prior to filing suit suspends the running of prescription of the claims settled in the compromise. If the compromise is rescinded or dissolved, prescription on the settled claims begins to run again from the time of rescission or dissolution. [Acts 2007, No. 138, §1]