Louisiana Civil Code: Difference between revisions
Content deleted Content added
| Line 3: | Line 3: | ||
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 [[Law of France|French]] 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> |
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 [[Law of France|French]] 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> |
||
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> |
|||
In 1825 it served as a source for the [[Civil Code of Lower Canada]].<ref>{{cite journal |author= E. Fabre-Surveyer|year= 1939|title= The Civil Law in Quebec and Louisiana|journal= Louisiana Law Review|volume= 1|issue= 4|pages= 652{{endash}}654|publisher= [[Paul M. Hebert Law Center]]|url= http://digitalcommons.law.lsu.edu/lalrev/vol1/iss4/2|access-date=1 April 2013|ref = {{sfnref|Fabre-Surveyer|1939}}}}</ref> |
In 1825 it served as a source for the [[Civil Code of Lower Canada]].<ref>{{cite journal |author= E. Fabre-Surveyer|year= 1939|title= The Civil Law in Quebec and Louisiana|journal= Louisiana Law Review|volume= 1|issue= 4|pages= 652{{endash}}654|publisher= [[Paul M. Hebert Law Center]]|url= http://digitalcommons.law.lsu.edu/lalrev/vol1/iss4/2|access-date=1 April 2013|ref = {{sfnref|Fabre-Surveyer|1939}}}}</ref> |
||
Revision as of 12:19, 7 May 2021
The Louisiana Civil Code (LCC) constitutes the core of private law in the State of Louisiana.[1]
Overview
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 French 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]
In 1825 it served as a source for the Civil Code of Lower Canada.[5]
Further reading
- Palmer, Vernon Valentine (2012). Through the Codes Darkly: Slave Law and Civil Law in Louisiana. Clark, LA: Lawbook Exchange. ISBN 978-1616193263.
See also
References
- ^ 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.
- ^ E. Fabre-Surveyer (1939). "The Civil Law in Quebec and Louisiana". Louisiana Law Review. 1 (4). Paul M. Hebert Law Center: 652–654. Retrieved 1 April 2013.
External links
 | This Louisiana-related article is a stub. You can help Wikipedia by expanding it. |
 | This article about a law book of the United States is a stub. You can help Wikipedia by expanding it. |