Louisiana Civil Code

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CHAPTER 9 - DISSOLUTION

Art. 2013. When the obligor fails to perform, the obligee has a right to the judicial dissolution of the contract or, according to the circumstances, to regard the contract as dissolved. In either case, the obligee may recover damages.

In an action involving judicial dissolution, the obligor who failed to perform may be granted, according to the circumstances, an additional time to perform. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2014. A contract may not be dissolved when the obligor has rendered a substantial part of the performance and the part not rendered does not substantially impair the interest of the obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2015. Upon a party's failure to perform, the other may serve him a notice to perform within a certain time, with a warning that, unless performance is rendered within that time, the contract shall be deemed dissolved. The time allowed for that purpose must be reasonable according to the circumstances.

The notice to perform is subject to the requirements governing a putting of the obligor in default and, for the recovery of damages for delay, shall have the same effect as a putting of the obligor in default. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2016. When a delayed performance would no longer be of value to the obligee or when it is evident that the obligor will not perform, the obligee may regard the contract as dissolved without any notice to the obligor. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2017. The parties may expressly agree that the contract shall be dissolved for the failure to perform a particular obligation. In that case, the contract is deemed dissolved at the time it provides for or, in the absence of such a provision, at the time the obligee gives notice to the obligor that he avails himself of the dissolution clause. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2018. Upon dissolution of a contract, the parties shall be restored to the situation that existed before the contract was made. If restoration in kind is impossible or impracticable, the court may award damages.

If partial performance has been rendered and that performance is of value to the party seeking to dissolve the contract, the dissolution does not preclude recovery for that performance, whether in contract or quasi-contract. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2019. In contracts providing for continuous or periodic performance, the effect of the dissolution shall not be extended to any performance already rendered. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2020. When a contract has been made by more than two parties, one party's failure to perform may not cause dissolution of the contract for the other parties, unless the performance that failed was essential to the contract. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2021. Dissolution of a contract does not impair the rights acquired through an onerous contract by a third party in good faith.

If the contract involves immovable property, the principles of recordation apply to a third person acquiring an interest in the property whether by onerous or gratuitous title. [Acts 1984, No. 331, §1, eff. July 1, 1985; Acts 2005, No. 169, §2, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005]

Art. 2022. Either party to a commutative contract may refuse to perform his obligation if the other has failed to perform or does not offer to perform his own at the same time, if the performances are due simultaneously. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2023. If the situation of a party, financial or otherwise, has become such as to clearly endanger his ability to perform an obligation, the other party may demand in writing that adequate security be given and, upon failure to give that security, that party may withhold or discontinue his own performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 2024. A contract of unspecified duration may be terminated at the will of either party by giving notice, reasonable in time and form, to the other party. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

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