Louisiana Civil Code

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TITLE XXIV - PRESCRIPTION

 

CHAPTER 1 - GENERAL PRINCIPLES

 

SECTION 1 – PRESCRIPTION

Art. 3445. There are three kinds of prescription: acquisitive prescription, liberative prescription, and prescription of nonuse. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3446. Acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3447. Liberative prescription is a mode of barring of actions as a result of inaction for a period of time. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3448. Prescription of nonuse is a mode of extinction of a real right other than ownership as a result of failure to exercise the right for a period of time. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3449. Prescription may be renounced only after it has accrued. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3450. Renunciation may be express or tacit. Tacit renunciation results from circumstances that give rise to a presumption that the advantages of prescription have been abandoned.

Nevertheless, with respect to immovables, renunciation of acquisitive prescription must be express and in writing. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3451. To renounce prescription, one must have capacity to alienate. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3452. Prescription must be pleaded. Courts may not supply a plea of prescription. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3453. Creditors and other persons having an interest in the acquisition of a thing or in the extinction of a claim or of a real right by prescription may plead prescription, even if the person in whose favor prescription has accrued renounces or fails to plead prescription. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3454. In computing a prescriptive period, the day that marks the commencement of prescription is not counted. Prescription accrues upon the expiration of the last day of the prescriptive period, and if that day is a legal holiday, prescription accrues upon the expiration of the next day that is not a legal holiday. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3455. If the prescriptive period consists of one or more months, prescription accrues upon the expiration of the day of the last month of the period that corresponds with the date of the commencement of prescription, and if there is no corresponding day, prescription accrues upon the expiration of the last day of the period. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3456. If a prescriptive period consists of one or more years, prescription accrues upon the expiration of the day of the last year that corresponds with the date of the commencement of prescription. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3457. There is no prescription other than that established by legislation. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

 

SECTION 2 - PEREMPTION

Art. 3458. Peremption is a period of time fixed by law for the existence of a right. Unless timely exercised, the right is extinguished upon the expiration of the peremptive period. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3459. The provisions on prescription governing computation of time apply to peremption. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3460. Peremption may be pleaded or it may be supplied by a court on its own motion at any time prior to final judgment. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3461. Peremption may not be renounced, interrupted, or suspended. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]