Louisiana Civil Code

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TITLE IV - CONVENTIONAL OBLIGATIONS OR CONTRACTS

 

CHAPTER 1 - GENERAL PRINCIPLES

Art. 1906. A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1907. A contract is unilateral when the party who accepts the obligation of the other does not assume a reciprocal obligation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1908. A contract is bilateral, or synallagmatic, when the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1909. A contract is onerous when each of the parties obtains an advantage in exchange for his obligation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1910. A contract is gratuitous when one party obligates himself towards another for the benefit of the latter, without obtaining any advantage in return. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1911. A contract is commutative when the performance of the obligation of each party is correlative to the performance of the other. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1912. A contract is aleatory when, because of its nature or according to the parties' intent, the performance of either party's obligation, or the extent of the performance, depends on an uncertain event. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1913. A contract is accessory when it is made to provide security for the performance of an obligation. Suretyship, mortgage, pledge, and other types of security agreements are examples of such a contract.

When the secured obligation arises from a contract, either between the same or other parties, that contract is the principal contract. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 1989, No. 137, §16, eff. Sept. 1, 1989]

Art. 1914. Nominate contracts are those given a special designation such as sale, lease, loan, or insurance.

Innominate contracts are those with no special designation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1915. All contracts, nominate and innominate, are subject to the rules of this title. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1916. Nominate contracts are subject to the special rules of the respective titles when those rules modify, complement, or depart from the rules of this title. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1917. The rules of this title are applicable also to obligations that arise from sources other than contract to the extent that those rules are compatible with the nature of those obligations. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

 

CHAPTER 2 - CONTRACTUAL CAPACITY AND EXCEPTIONS

Art. 1918. All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1919. A contract made by a person without legal capacity is relatively null and may be rescinded only at the request of that person or his legal representative. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1920. Immediately after discovering the incapacity, a party, who at the time of contracting was ignorant of the incapacity of the other party, may require from that party, if the incapacity has ceased, or from the legal representative if it has not, that the contract be confirmed or rescinded. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1921. Upon rescission of a contract on the ground of incapacity, each party or his legal representative shall restore to the other what he has received thereunder. When restoration is impossible or impracticable, the court may award compensation to the party to whom restoration cannot be made. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1922. A fully emancipated minor has full contractual capacity. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1923. A contract by an unemancipated minor may be rescinded on grounds of incapacity except when made for the purpose of providing the minor with something necessary for his support or education, or for a purpose related to his business. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1924. The mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. When the other party reasonably relies on the minor's representation of majority, the contract may not be rescinded. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1925. A noninterdicted person, who was deprived of reason at the time of contracting, may obtain rescission of an onerous contract upon the ground of incapacity only upon showing that the other party knew or should have known that person's incapacity. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1926. A contract made by a noninterdicted person deprived of reason at the time of contracting may be attacked after his death, on the ground of incapacity, only when the contract is gratuitous, or it evidences lack of understanding, or was made within thirty days of his death, or when application for interdiction was filed before his death. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]