Louisiana Civil Code

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CHAPTER 8 - EFFECTS OF CONVENTIONAL OBLIGATIONS

SECTION 1 - GENERAL EFFECTS OF CONTRACTS

Art. 1983. Contracts have the effect of law for the parties and may be dissolved only through the consent of the parties or on grounds provided by law. Contracts must be performed in good faith. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1984. Rights and obligations arising from a contract are heritable and assignable unless the law, the terms of the contract or its nature preclude such effects. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1985. Contracts may produce effects for third parties only when provided by law. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

SECTION 2 - SPECIFIC PERFORMANCE

Art. 1986. Upon an obligor's failure to perform an obligation to deliver a thing, or not to do an act, or to execute an instrument, the court shall grant specific performance plus damages for delay if the obligee so demands. If specific performance is impracticable, the court may allow damages to the obligee.

Upon a failure to perform an obligation that has another object, such as an obligation to do, the granting of specific performance is at the discretion of the court. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1987. The obligor may be restrained from doing anything in violation of an obligation not to do. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1988. A failure to perform an obligation to execute an instrument gives the obligee the right to a judgment that shall stand for the act. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

SECTION 3 - PUTTING IN DEFAULT

Art. 1989. Damages for delay in the performance of an obligation are owed from the time the obligor is put in default.

Other damages are owed from the time the obligor has failed to perform. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1990. When a term for the performance of an obligation is either fixed, or is clearly determinable by the circumstances, the obligor is put in default by the mere arrival of that term. In other cases, the obligor must be put in default by the obligee, but not before performance is due. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1991. An obligee may put the obligor in default by a written request of performance, or by an oral request of performance made before two witnesses, or by filing suit for performance, or by a specific provision of the contract. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1992. If an obligee bears the risk of the thing that is the object of the performance, the risk devolves upon the obligor who has been put in default for failure to deliver that thing. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1993. In case of reciprocal obligations, the obligor of one may not be put in default unless the obligor of the other has performed or is ready to perform his own obligation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

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