Louisiana Civil Code

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TITLE VII - SALE

 

CHAPTER 1 - OF THE NATURE AND FORM OF THE CONTRACT OF SALE

Art. 2438. In all matters for which no special provision is made in this title, the contract of sale is governed by the rules of the titles on Obligations in General and Conventional Obligations or Contracts. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2439. Sale is a contract whereby a person transfers ownership of a thing to another for a price in money.

The thing, the price, and the consent of the parties are requirements for the perfection of a sale. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2440. A sale or promise of sale of an immovable must be made by authentic act or by act under private signature, except as provided in Article 1839. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2441. [Reserved]

Art. 2442. The parties to an act of sale or promise of sale of immovable property are bound from the time the act is made, but such an act is not effective against third parties until it is filed for registry according to the laws of registry. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005]

Art. 2443. A person cannot purchase a thing he already owns. Nevertheless, the owner of a thing may purchase the rights of a person who has, or may have, an adverse claim to the thing. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2444. [Repealed. Acts 2012, No. 277, §1, eff. Aug. 1, 2012]

Arts. 2445-2446. [Reserved]

 

CHAPTER 2 - OF PERSONS CAPABLE OF BUYING AND SELLING

Art. 2447. Officers of a court, such as judges, attorneys, clerks, and law enforcement agents, cannot purchase litigious rights under contestation in the jurisdiction of that court. The purchase of a litigious right by such an officer is null and makes the purchaser liable for all costs, interest, and damages. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

 

CHAPTER 3 - OF THINGS WHICH MAY BE SOLD

Art. 2448. All things corporeal or incorporeal, susceptible of ownership, may be the object of a contract of sale, unless the sale of a particular thing is prohibited by law. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2449. [Reserved]

Art. 2450. A future thing may be the object of a contract of sale. In such a case the coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2451. A hope may be the object of a contract of sale. Thus, a fisherman may sell a haul of his net before he throws it. In that case the buyer is entitled to whatever is caught in the net, according to the parties' expectations, and even if nothing is caught the sale is valid. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2452. The sale of a thing belonging to another does not convey ownership. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Art. 2453. When the ownership of a thing is the subject of litigation, the sale of that thing during the pendency of the suit does not affect the claimant's rights. Where the thing is immovable, the rights of third persons are governed by the laws of registry. [Amended by Acts 1878, No. 3; Acts 1993, No. 841, §1, eff. Jan. 1, 1995]

Arts. 2454-2455. [Reserved]