Louisiana Civil Code

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CHAPTER 7 - OF THE SEALS, AND OF THE AFFIXING AND RAISING OF THE SAME

Arts. 1075-1094. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

CHAPTER 8 - OF THE ADMINISTRATION OF VACANT AND INTESTATE SUCCESSIONS

 

SECTION 1 - GENERAL DISPOSITIONS

Art. 1095. A succession is called vacant when no one claims it, or when all the heirs are unknown, or when all the known heirs to it have renounced it.

Art. 1096. A succession is called intestate when the deceased has left no will, or when his will has been revoked or annulled as irregular.

Therefore the heirs to whom a succession has fallen by the effects of law only, are called heirs ab intestato.

Art. 1097. Vacant successions are administered by legal representatives known as administrators of vacant successions. [Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961]

Arts. 1098-1099. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1100. In case any person shall take possession of a vacant succession, or a part thereof, without being duly authorized to that effect, with the intent of converting the same to his own use, he shall be liable to pay all the debts of the said estate, exclusive of the damages to be claimed by the parties who may have suffered thereby.

 

SECTION 2 - OF THE INVENTORY OF VACANT AND INTESTATE SUCCESSIONS SUBJECT TO ADMINISTRATION

Arts. 1101-1102. [Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1103. [Repealed. Acts 1980, No. 150, §3, eff. Jan. 1, 1981]

Arts. 1104-1112. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 3 - OF THE APPOINTMENT OF CURATORS TO SUCCESSIONS, AND OF THE SECURITY THEY ARE BOUND TO GIVE

Arts. 1113-1132. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 4 - OF THE DUTIES AND POWERS OF CURATORS OF VACANT SUCCESSIONS AND OF ABSENT HEIRS

Arts. 1133-1137. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Arts. 1138-1145. [Repealed. Acts 1980, No. 150, §3, eff. Jan. 1, 1981]

Arts. 1146-1147. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1148. A curator of a vacant succession or of absent heirs, owes no interest on the sums of money in his hands belonging to the succession which he administers, but he is forbidden from using them on his private account, under the pain of dismissal and responsibility for all damages caused thereby.

Arts. 1149-1157. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 5 - OF THE CAUSES FOR WHICH A CURATOR OF A SUCCESSION MAY BE DISMISSED OR SUPERSEDED

Arts. 1158-1161. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 6 - OF THE SALE OF THE EFFECTS AND OF THE SETTLEMENT OF SUCCESSIONS ADMINISTERED BY CURATORS

Arts. 1162-1170. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1171. Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or an auctioneer, or to make it themselves; but in the event of making the sales themselves, they shall receive no commission therefor.

Arts. 1172-1187. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1188. If, after the creditors of the succession have been paid by the curator, in conformity with the dispositions of the preceding articles, creditors present themselves, who have not made themselves known before, and if there does not remain in the hands of the curator a sum sufficient to pay what is due them, in whole or in part, these creditors have an action against those who have been paid, to compel them to refund the proportion they are bound to contribute, in order to give the new creditors a part equal to that which they would have received, had they presented themselves at the time of the payment of the debts of the succession.

But this action on the part of the creditors who have not been paid, against the creditors who have been, is prescribed by the lapse of three years, counting from the date of the order or judgment, in virtue of which the payment has been made.

In all these cases, the creditors who have thus presented themselves can in no manner disturb the curator on account of the payments he has made under the authorization of the judge, as before stated.

Arts. 1189-1190. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 7 - OF THE ACCOUNT TO BE RENDERED BY THE CURATORS AND THE COMMISSION DUE TO THEM

Art. 1191. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 1192. The duties of the curators cease when the heirs, or other persons having a right to the succession administered by them, present themselves or send their powers of attorney to claim the succession, and furnish security if required by law. [Amended by Acts 1981, No. 254, §1]

Arts. 1193-1209. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 8 - OF THE APPOINTMENT OF COUNSEL OF ABSENT HEIRS, AND OF THEIR DUTIES

Arts. 1210-1219. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]