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0 chapters · 2,009 sections in this title.
La. Rev. Stat. § 9:2982 Part remedial
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§2982. Part remedial This Part is remedial and is for the benefit of all persons heretofore as well as hereafter acquiring, or holding mortgages, affecting such property, without express exception or reference to the abandoned road, street, or alley in the description of the prop…
La. Rev. Stat. § 9:2983 Preservation of rights
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§2983. Preservation of rights Any person who has made a transfer, grant, sale or mortgage affecting land so described, their heirs or assigns, whose rights may be affected hereby, shall have a period of one year from July 30, 1958 within which to preserve and protect such rights,…
La. Rev. Stat. § 9:2984 Construction
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§2984. Construction Nothing in this Part shall be construed to conflict with, affect, or repeal any of the provisions of Act 555 of 1956 and incorporated as R.S. 9:2971, 2972 and 2973. Acts 1958, No. 528, §5.
La. Rev. Stat. § 9:2989 Dual contracts; definition; violations; penalties
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§2989. Dual contracts; definition; violations; penalties A. As used in this Part the term "dual contracts" means two written contracts entered into between identical contracting parties in identical capacities concerning the same parcel of real property, one of which states the t…
La. Rev. Stat. § 9:2991.1 Title
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§2991.1. Title This Part shall be known and may be cited as the "Sale of Mineral Rights by Mail Solicitation Act". Acts 2016, No. 179, §1, eff. May 19, 2016.
La. Rev. Stat. § 9:2991.10 Prohibited terms
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§2991.10. Prohibited terms The following provisions, if included in or accompanying an instrument evidencing a sale of mineral rights by mail solicitation, are absolutely null: (1) A provision requiring the agreement to be governed or interpreted by the laws of another jurisdicti…
La. Rev. Stat. § 9:2991.11 Reservation
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§2991.11. Reservation Nothing in this Part shall be construed to limit any other remedies or grounds for rescission provided by law. Acts 2016, No. 179, §1, eff. May 19, 2016.
La. Rev. Stat. § 9:2991.2 Sale of mineral rights by mail solicitation defined
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§2991.2. Sale of mineral rights by mail solicitation defined For purposes of this Part, a sale of mineral rights by mail solicitation is the creation or transfer of a mineral servitude or mineral royalty, or the granting of an option, right of first refusal, or contract to create…
La. Rev. Stat. § 9:2991.3 Exclusion of contracts initiated through personal contact
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§2991.3. Exclusion of contracts initiated through personal contact This Part does not apply to a sale of mineral rights by mail solicitation contracted subsequent to a prior personal contact that included a meaningful exchange between the transferor and the transferee. Acts 2016,…
La. Rev. Stat. § 9:2991.4 Form
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§2991.4. Form A sale of mineral rights by mail solicitation shall be made by authentic act or by act under private signature signed by the transferor. The acceptance of any form of payment by the transferor or any action whereby the transferor otherwise manifests assent to the sa…
La. Rev. Stat. § 9:2991.5 Required disclosure; form notice of rescission
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§2991.5. Required disclosure; form notice of rescission An instrument evidencing a sale of mineral rights by mail solicitation shall contain on the first page, under the caption "The Seller's Right to Cancel", the following disclosure, or one substantially similar, in conspicuous…
La. Rev. Stat. § 9:2991.6 Right to rescind; time for rescission
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§2991.6. Right to rescind; time for rescission A. When an instrument evidencing a sale of mineral rights by mail solicitation contains the disclosure required by this Part, the transferor may rescind the agreement within a period of sixty days after the date on which the transfer…
La. Rev. Stat. § 9:2991.7 Rescission; method of making; effects as to third persons
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§2991.7. Rescission; method of making; effects as to third persons A. Rescission of a sale of mineral rights by mail solicitation must be made by written notice to the transferee and is effective between the parties when the notice of rescission is transmitted. B. If the instrume…
La. Rev. Stat. § 9:2991.8 Rescission; parties obligated to make payments
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§2991.8. Rescission; parties obligated to make payments Rescission shall not be effective against a party obligated to make or in fact making royalty or other payments until sixty days after that party is furnished with a certified copy of the notice of rescission. Acts 2016, No.…
La. Rev. Stat. § 9:2991.9 Effects of rescission
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§2991.9. Effects of rescission A. A transferor who exercises the right to rescind under this Part shall return to the transferee within sixty days after rescission any payments made by the transferee. A transferor's failure to return such payments gives rise to a cause of action …
La. Rev. Stat. § 9:3001 Persons authorized to make judicial sales
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§3001. Persons authorized to make judicial sales Judicial sales may be made by the sheriff, by an auctioneer of the parish or city in which the sale is to be made, or by the legal representative of the succession, minor, interdict, or insolvent property owner. In cases where the …
La. Rev. Stat. § 9:3002 Sales on credit; notes; security
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§3002. Sales on credit; notes; security The sheriff, or other person making sales of succession property on credit terms, shall be authorized to receive for the price the notes of the purchasers, and identify them by description in the adjudication. The security on the notes shal…
La. Rev. Stat. § 9:3003 Notes or bonds to be identified with sales
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§3003. Notes or bonds to be identified with sales On the registering of proces verbals of sales in the office of the recorder or register of conveyances of the parish where the property so adjudicated may be situated, the recorder or register shall be authorized to identify with …
La. Rev. Stat. § 9:301 Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage
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§301. Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage A. The spouse of a person presumed dead, as provided in R.S. 9:1441, may petition the district court of the parish in which the petitioner is domiciled for authority to co…
La. Rev. Stat. § 9:302 Divorce proceedings; hearings in chambers; procedure
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§302. Divorce proceedings; hearings in chambers; procedure A. In addition to any hearing otherwise authorized by law to be held in chambers, the court by local rule, and only in those instances where good cause is shown, may provide that only with mutual consent, civil hearings b…
La. Rev. Stat. § 9:303 Income assignment; new orders; deviation
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§303. Income assignment; new orders; deviation A. In all new child support orders after January 1, 1994, that are not being enforced by the Department of Children and Family Services, the court shall include as part of the order an immediate income assignment unless there is a wr…
La. Rev. Stat. § 9:304 Judgment of divorce; waiting periods; accrual of abandonment period
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§304. Judgment of divorce; waiting periods; accrual of abandonment period A.(1) In the aftermath of Hurricanes Katrina and Rita, the issuance of Executive Orders KBB 2005-32, 48, and 67 shall not affect the calculation of the one hundred eighty-day waiting period required by Civi…
La. Rev. Stat. § 9:304.1 Court costs; action to make child support executory
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§304.1. Court costs; action to make child support executory A. An action to make past due child support executory may be filed by any plaintiff, who is unable to utilize the provisions of Chapter 5 of Title I of Book IX of the Code of Civil Procedure, without paying the costs of …
La. Rev. Stat. § 9:3051 Transfer of claims for collection
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§3051. Transfer of claims for collection When several parties have claims against the same defendant or defendants, arising out of a common transaction, such as claims of laborers for their wages, they, or any of them, may transfer their claims to any person or persons for collec…
La. Rev. Stat. § 9:306 Seminar for divorcing parents
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§306. Seminar for divorcing parents A. Upon an affirmative showing that the facts and circumstances of the particular case before the court warrant such an order, a court exercising jurisdiction over family matters may require the parties in a custody or visitation proceeding to …
La. Rev. Stat. § 9:307 Divorce or separation from bed and board in a covenant marriage; exclusive grounds
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§307. Divorce or separation from bed and board in a covenant marriage; exclusive grounds A. Notwithstanding any other law to the contrary and subsequent to the parties obtaining counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of…
La. Rev. Stat. § 9:308 Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental relief
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§308. Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental relief A. Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action pertaining to contracts or arising out o…
La. Rev. Stat. § 9:309 Separation from bed and board in a covenant marriage; effects
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§309. Separation from bed and board in a covenant marriage; effects A.(1) Separation from bed and board in a covenant marriage does not dissolve the bond of matrimony, since the separated husband and wife are not at liberty to marry again; but it puts an end to their conjugal coh…
La. Rev. Stat. § 9:310 Retroactivity of spousal support order
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§310. Retroactivity of spousal support order A. An order for spousal support shall be retroactive to the filing date of the petition for spousal support granted in the order. B. Any support of any kind provided by the judgment debtor from the date the petition for support is file…
La. Rev. Stat. § 9:311 Modification or suspension of support; material change in circumstances; periodic
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§311. Modification or suspension of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support A.(1) An award for support shall not be modified unless the party seeking the modification shows a material change in circ…
La. Rev. Stat. § 9:311.1 Child support during the obligor's incarceration; Department of Children and Family
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§311.1. Child support during the obligor's incarceration; Department of Children and Family Services providing support enforcement services A. In accordance with the provisions of this Section, every child support order shall be suspended when the obligor is incarcerated for, or …
La. Rev. Stat. § 9:312 Child support; accounting; requirements
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§312. Child support; accounting; requirements A. On motion of the party ordered to make child support payments pursuant to court decree, by consent or otherwise, after a contradictory hearing and a showing of good cause based upon the expenditure of child support for the six mont…
La. Rev. Stat. § 9:3121 Crop financing; assignment of interest by agricultural producer
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§3121. Crop financing; assignment of interest by agricultural producer A. When an agricultural producer, as defined in R.S. 3:3402, obtains financing for the production of a crop, and the total amount of the proceeds of that financing has not been disbursed, the agricultural prod…
La. Rev. Stat. § 9:313 Divorce and child support proceedings; special requirements
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§313. Divorce and child support proceedings; special requirements A. Each party in a divorce proceeding shall provide the court with his social security number or a statement that a social security number is not available. The social security number or statement shall be an attac…
La. Rev. Stat. § 9:3131 Legislative intent
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§3131. Legislative intent The legislature finds and declares that the public policy of this state favors the marketability of immovables and the transferability of interests in immovables free of title defects or unreasonable restraints on alienation. The legislature further find…
La. Rev. Stat. § 9:3132 Definitions
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§3132. Definitions As used in this Chapter: (1) "Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in an immovable, or payable for the right to make or accept such transfer, regardless of whether…
La. Rev. Stat. § 9:3133 Private transfer fee; prohibition
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§3133. Private transfer fee; prohibition A private transfer fee obligation does not constitute a real right and is not effective or enforceable against third persons, whether or not the declaration or agreement under which it arises is recorded. Acts 2010, No. 938, §1, eff. July …
La. Rev. Stat. § 9:3134 Violations; liability
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§3134. Violations; liability Any natural or juridical person who records or enters into an agreement imposing a private transfer fee obligation in their favor after July 2, 2010, shall be liable for: (1) Any and all damages resulting from the imposition of the transfer fee obliga…
La. Rev. Stat. § 9:3135 Disclosure
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§3135. Disclosure A seller of an immovable shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that pr…
La. Rev. Stat. § 9:3136 Existing transfer fee obligations; notice requirements
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§3136. Existing transfer fee obligations; notice requirements A. For a private transfer fee obligation imposed prior to July 2, 2010, the person entitled to receive the fee shall record, prior to December 31, 2010, a separate document in the conveyance records of the parish in wh…
La. Rev. Stat. § 9:3137.1 Short title
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§3137.1. Short title This Part shall be known and may be cited as the "Louisiana Exchange Sale of Receivables Act". Acts 2010, No. 958, §1, eff. July 6, 2010.
La. Rev. Stat. § 9:3137.10 Revenue-based financing transaction
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§3137.10. Revenue-based financing transaction A.(1) For the purposes of this Chapter, "revenue-based financing transaction" means an agreement under which a person engaged in a commercial enterprise sells or agrees to forward a percentage of sales, revenue, or income, and the per…
La. Rev. Stat. § 9:3137.2 Legislative intent
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§3137.2. Legislative intent A. It is the intent of the legislature to encourage and promote businesses to offer sellers the ability to sell their receivables to qualified buyers over electronic and other types of exchanges located in this state, thereby availing themselves of Lou…
La. Rev. Stat. § 9:3137.3 Definitions
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§3137.3. Definitions A. For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise. (1) "Buyer" means the person buying a receivable over an exchange located in this state. (2) "Collection proceeds" means an…
La. Rev. Stat. § 9:3137.4 Scope
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§3137.4. Scope A. This Part shall apply to all sales of receivables over exchanges located in this state irrespective of whether the buyer or the seller of the receivable is a Louisiana resident, business organization or other entity, provided that the buyer and the seller contra…
La. Rev. Stat. § 9:3137.5 True sales of receivables; not subject to recharacterization; simulation articles not applicable
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§3137.5. True sales of receivables; not subject to recharacterization; simulation articles not applicable A. All sales of receivables over exchanges subject to the scope of this Part as provided by R.S. 9:3137.4(A) shall conclusively result in consummated true sales for all purpo…
La. Rev. Stat. § 9:3137.6 Binding effectiveness of Louisiana law
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§3137.6. Binding effectiveness of Louisiana law A. Louisiana law, and specifically this Part and R.S. 10:9-109(e), shall apply to all sales of receivables over exchanges located in this state irrespective of the domicile or other location of the buyer or the seller. B.(1) The sel…
La. Rev. Stat. § 9:3137.7 Buyer ownership rights; evidence of ownership
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§3137.7. Buyer ownership rights; evidence of ownership A. The buyer shall be deemed for all purposes, and not be limited to a bankruptcy context, to be the owner of a receivable purchased over an exchange located in this state, with the buyer having the right to all of the follow…
La. Rev. Stat. § 9:3137.8 Relationship to the UCC
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§3137.8. Relationship to the UCC A. This Part supplements R.S. 10:9-109(e), and shall not be construed to implicitly amend or repeal any provision of the UCC, including but not limited to R.S. 10:1-201(35), 9-102(72)(D), 9-109(e), 9-301, 9-307, 9-310(a), 9-312(a), 9-317 through 9…
La. Rev. Stat. § 9:3137.9 Prohibition of actions
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§3137.9. Prohibition of actions A seller shall not maintain an action or have any claim against an owner or operator of an exchange located in this state, or against a buyer of the receivables, unless there is an agreement in writing setting forth the relevant terms and condition…
