Insolvency by failure to exercise right

La. Civ. Code art. 2044

La. Civ. Code art. 2044

Art. 2044. Insolvency by failure to exercise right If an obligor causes or increases his insolvency by failing to exercise a right, the obligee may exercise it himself, unless the right is strictly personal to the obligor. For that purpose, the obligee must join in the suit his obligor and the third person against whom that right is asserted. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.