Louisiana Civil Code

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TITLE III - OBLIGATIONS IN GENERAL

 

CHAPTER 1 - GENERAL PRINCIPLES

Art. 1756. An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1757. Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1758. A. An obligation may give the obligee the right to:

(1) Enforce the performance that the obligor is bound to render;

(2) Enforce performance by causing it to be rendered by another at the obligor's expense;

(3) Recover damages for the obligor's failure to perform, or his defective or delayed performance.

B. An obligation may give the obligor the right to:

(1) Obtain the proper discharge when he has performed in full;

(2) Contest the obligee's actions when the obligation has been extinguished or modified by a legal cause. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1759. Good faith shall govern the conduct of the obligor and the obligee in whatever pertains to the obligation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

 

CHAPTER 2 - NATURAL OBLIGATIONS

Art. 1760. A natural obligation arises from circumstances in which the law implies a particular moral duty to render a performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1761. A natural obligation is not enforceable by judicial action. Nevertheless, whatever has been freely performed in compliance with a natural obligation may not be reclaimed.

A contract made for the performance of a natural obligation is onerous.

[Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1762. Examples of circumstances giving rise to a natural obligation are:

(1) When a civil obligation has been extinguished by prescription or discharged in bankruptcy.

(2) When an obligation has been incurred by a person who, although endowed with discernment, lacks legal capacity.

(3) When the universal successors are not bound by a civil obligation to execute the donations and other dispositions made by a deceased person that are null for want of form. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

 

CHAPTER 3 - KINDS OF OBLIGATIONS

SECTION 1 - REAL OBLIGATIONS

Art. 1763. A real obligation is a duty correlative and incidental to a real right. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1764. A real obligation is transferred to the universal or particular successor who acquires the movable or immovable thing to which the obligation is attached, without a special provision to that effect.

But a particular successor is not personally bound, unless he assumes the personal obligations of his transferor with respect to the thing, and he may liberate himself of the real obligation by abandoning the thing. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

SECTION 2 - STRICTLY PERSONAL AND HERITABLE OBLIGATIONS

Art. 1765. An obligation is heritable when its performance may be enforced by a successor of the obligee or against a successor of the obligor.

Every obligation is deemed heritable as to all parties, except when the contrary results from the terms or from the nature of the contract.

A heritable obligation is also transferable between living persons. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1766. An obligation is strictly personal when its performance can be enforced only by the obligee, or only against the obligor.

When the performance requires the special skill or qualification of the obligor, the obligation is presumed to be strictly personal on the part of the obligor. All obligations to perform personal services are presumed to be strictly personal on the part of the obligor.

When the performance is intended for the benefit of the obligee exclusively, the obligation is strictly personal on the part of that obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

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