Louisiana Civil Code

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SECTION 3 - FIVE YEAR PRESCRIPTION

Art. 3497. The following actions are subject to a liberative prescription of five years:

An action for annulment of a testament;

An action for the reduction of an excessive donation;

An action for the rescission of a partition and warranty of portions; and

An action for damages for the harvesting of timber without the consent of the owner.

This prescription is suspended in favor of minors, during minority. [Acts 1983, No. 173, §1, eff. Jan. 1, 1984; Acts 2009, No. 107, §1]

Art. 3497.1. An action to make executory arrearages of spousal support or installment payments awarded for contributions made by one spouse to the education or training of the other spouse is subject to a liberative prescription of five years. [Acts 1984, No. 147, §1, eff. June 25, 1984; Acts 1990, No. 1008, §3, eff. Jan. 1, 1991; Acts 1997, No. 605, §1, eff. July 3, 1997]

Art. 3498. Actions on instruments, whether negotiable or not, and on promissory notes, whether negotiable or not, are subject to a liberative prescription of five years. This prescription commences to run from the day payment is exigible. [Acts 1993, No. 901, §1 and §2, eff. July 1, 1993; Acts 1993, No. 948, §6 and §9, eff. June 25, 1993]

SECTION 4 - TEN YEAR PRESCRIPTION

Art. 3499. Unless otherwise provided by legislation, a personal action is subject to a liberative prescription of ten years. [Acts 1983, No. 173, §1, eff. Jan. 1, 1984]

Art. 3500. An action against a contractor or an architect on account of defects of construction, renovation, or repair of buildings and other works is subject to a liberative prescription of ten years. [Acts 1983, No. 173, §1, eff. Jan. 1, 1984]

Art. 3501. A money judgment rendered by a trial court of this state is prescribed by the lapse of ten years from its signing if no appeal has been taken, or, if an appeal has been taken, it is prescribed by the lapse of ten years from the time the judgment becomes final.

An action to enforce a money judgment rendered by a court of another state or a possession of the United States, or of a foreign country, is barred by the lapse of ten years from its rendition; but such a judgment is not enforceable in this state if it is prescribed, barred by the statute of limitations, or is otherwise unenforceable under the laws of the jurisdiction in which it was rendered.

Any party having an interest in a money judgment may have it revived before it prescribes, as provided in Article 2031 of the Code of Civil Procedure. A judgment so revived is subject to the prescription provided by the first paragraph of this Article. An interested party may have a money judgment rendered by a court of this state revived as often as he may desire. [Acts 1983, No. 173, §1, eff. Jan. 1, 1984]

Art. 3501.1. An action to make executory arrearages of child support is subject to a liberative prescription of ten years. [Acts 1997, No. 605, §1, eff. July 3, 1997]

SECTION 5 - THIRTY YEAR PRESCRIPTION

Art. 3502. An action for the recognition of a right of inheritance and recovery of the whole or a part of a succession is subject to a liberative prescription of thirty years. This prescription commences to run from the day of the opening of the succession. [Acts 1983, No. 173, §1, eff. Jan. 1, 1984]

SECTION 6 - INTERRUPTION AND SUSPENSION OF LIBERATIVE PRESCRIPTION

Art. 3503. When prescription is interrupted against a solidary obligor, the interruption is effective against all solidary obligors and their successors. When prescription is interrupted against a successor of a solidary obligor, the interruption is effective against other successors if the obligation is indivisible. If the obligation is divisible, the interruption is effective against other successors only for the portions for which they are bound. [Acts 1983, No. 173, §1, Jan. 1, 1984]

Art. 3504. When prescription is interrupted against the principal debtor, the interruption is effective against his surety. [Acts 1983, No. 173, §1, eff. Jan 1, 1984]

Art. 3505. After liberative prescription has commenced to run but before it accrues, an obligor may by juridical act extend the prescriptive period. An obligor may grant successive extensions. The duration of each extension may not exceed one year. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

Art. 3505.1. An extension of liberative prescription must be express and in writing. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

Art. 3505.2. The period of extension commences to run on the date of the juridical act granting it. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

Art. 3505.3. A. An extension of liberative prescription is effective against only the obligor granting it but benefits all joint obligees of an indivisible obligation and all solidary obligees. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

B. An extension of liberative prescription by a principal obligor is effective against his surety. An extension of liberative prescription by a surety is effective only if the principal obligor has also granted it. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

Art. 3505.4 Prescription may be interrupted or suspended during the period of extension. [Acts 2013, No. 88, §1, eff. Aug. 1, 2013]

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