Louisiana Civil Code: Difference between revisions
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{{Short description|Core of private law in the U.S. state of Louisiana}} |
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The '''''Louisiana Civil Code''''' (LCC) constitutes the core of [[private law]] in the [[State of Louisiana]].<ref>{{cite book|chapter=Private Law in Louisiana: An Account of Civil Codes, Heritage, and Law Reform|first=Agustín|last=Parise|page=453|title=The Scope and Structure of Civil Codes|series=Ius Gentium: Comparative Perspectives on Law and Justice|editor-first=Julio|editor-last=César Rivera|year=2014|volume=32|publisher=[[Springer Science+Business Media|Springer]] |isbn=978-94-007-7942-6 |doi=10.1007/978-94-007-7942-6 |lccn=2014930754|chapter-url=https://books.google.com/books?id=ho_FBAAAQBAJ&pg=PA434}}</ref> The Louisiana [[Civil Code]] is based on a more diverse set of sources than the laws of the other 49 states of the [[United States]]: [[substantive law]] between private sector parties has a [[civil law (legal system)|civil law]] character, based on the [[Law of France|French]] [[Napoleonic Code|civil code]] and [[Law of Spain|Spanish]] codes and ultimately [[Roman law]], with some [[common law]] influences.<ref>{{cite web |url= http://www.la-legal.com/index.php?code_napoleon |title=How the Code Napoleon makes Louisiana law different |publisher=[[LA-Legal]] |access-date=2006-10-26}}</ref> |
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First enacted on March 31, 1808, in bilingual version as ''Louisiana Civil Code Digest'' ({{lang-fr|Digeste de la loi civile}}).,<ref>Official English title:: ''Digest of the Civil Laws now in Force in the Territory of Orleans, with Alterations and Amendments Adapted to its Present System of Government''.</ref> it was drafted by the lawyers [[James Brown (Louisiana politician)|James Brown]], [[Louis Moreau-Lislet]] and [[Edward Livingston]]. Afterwards it underwent continuous revisions and updates. It is still considered the controlling authority in the state; despite the strong influence of common law tradition, the civil law tradition is still deeply rooted in most aspects of Louisiana private law. Thus property, contractual, business entities structure, much of civil procedure, and family law, as well as some aspects of criminal law, are still based mostly on traditional Roman legal thinking.<ref name="kinsellalaw">{{cite web|url=http://www.kinsellalaw.com/wp-content/uploads/publications/dictionary.pdf |title=A Civil Law to Common Law Dictionary |access-date=December 7, 2010 |last=Kinsella |first=Norman |year=1997 |website=KinsellaLaw.com |archive-url=https://web.archive.org/web/20101225105448/http://www.kinsellalaw.com/wp-content/uploads/publications/dictionary.pdf |archive-date=December 25, 2010 |url-status=dead }}</ref> |
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==See also== |
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* [[Law of Louisiana]] |
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* [[Edward Livingston]] |
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* [[Civil Law Commentaries]] |
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* [[Athanassios Nicholas Yiannopoulos]] |
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* [[Philip H. Morgan]] |
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==References== |
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{{Reflist}} |
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==Further reading== |
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* Cairns, John W. (2015). ''Codification, transplants and history: law reform in Louisiana (1808) and Quebec (1866)''. Clark, NJ: Talbot Publishing. |
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* {{cite book |last1=Palmer |first1=Vernon V. |title=Through the Codes Darkly: Slave Law and Civil Law in Louisiana |place=Clark, NJ |publisher=Lawbook Exchange |year=2012 |isbn=978-1616193263}} |
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* Palmer, Vernon V. (2021). ''The lost translators of 1808 and the birth of civil law in Louisiana''. Athens, GA: The University of Georgia Press. |
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==External links== |
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*[https://lcco.law.lsu.edu/ Louisiana Civil Code] |
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{{Authority control}} |
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[[Category:Civil codes]] |
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{{Louisiana-stub}} |
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{{US-law-book-stub}} |
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Latest revision as of 12:54, 12 August 2024
The Louisiana Civil Code (LCC) constitutes the core of private law in the State of Louisiana.[1] The Louisiana Civil Code is based on a more diverse set of sources than the laws of the other 49 states of the United States: substantive law between private sector parties has a civil law character, based on the French civil code and Spanish codes and ultimately Roman law, with some common law influences.[2]
First enacted on March 31, 1808, in bilingual version as Louisiana Civil Code Digest (French: Digeste de la loi civile).,[3] it was drafted by the lawyers James Brown, Louis Moreau-Lislet and Edward Livingston. Afterwards it underwent continuous revisions and updates. It is still considered the controlling authority in the state; despite the strong influence of common law tradition, the civil law tradition is still deeply rooted in most aspects of Louisiana private law. Thus property, contractual, business entities structure, much of civil procedure, and family law, as well as some aspects of criminal law, are still based mostly on traditional Roman legal thinking.[4]
See also
[edit]- Law of Louisiana
- Edward Livingston
- Civil Law Commentaries
- Athanassios Nicholas Yiannopoulos
- Philip H. Morgan
References
[edit]- ^ Parise, Agustín (2014). "Private Law in Louisiana: An Account of Civil Codes, Heritage, and Law Reform". In César Rivera, Julio (ed.). The Scope and Structure of Civil Codes. Ius Gentium: Comparative Perspectives on Law and Justice. Vol. 32. Springer. p. 453. doi:10.1007/978-94-007-7942-6. ISBN 978-94-007-7942-6. LCCN 2014930754.
- ^ "How the Code Napoleon makes Louisiana law different". LA-Legal. Retrieved 2006-10-26.
- ^ Official English title:: Digest of the Civil Laws now in Force in the Territory of Orleans, with Alterations and Amendments Adapted to its Present System of Government.
- ^ Kinsella, Norman (1997). "A Civil Law to Common Law Dictionary" (PDF). KinsellaLaw.com. Archived from the original (PDF) on December 25, 2010. Retrieved December 7, 2010.
Further reading
[edit]- Cairns, John W. (2015). Codification, transplants and history: law reform in Louisiana (1808) and Quebec (1866). Clark, NJ: Talbot Publishing.
- Palmer, Vernon V. (2012). Through the Codes Darkly: Slave Law and Civil Law in Louisiana. Clark, NJ: Lawbook Exchange. ISBN 978-1616193263.
- Palmer, Vernon V. (2021). The lost translators of 1808 and the birth of civil law in Louisiana. Athens, GA: The University of Georgia Press.
External links
[edit]
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