book_3_3_1 – Louisiana Civil Code

Civil Code

Book III. Of the Different Modes of Acquiring the Ownership of Things

Title XII. Loan

Chapter 1. Loan for Use (Commodatum)

Art. 2891. Loan for use;  definition

The loan for use is a gratuitous contract by which a person, the lender, delivers a nonconsumable thing to another, the borrower, for him to use and return.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2892. Applicability of the rules governing obligations

In all matters for which no special provision is made in this Title, the contract of loan for use is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2893. Things that may be lent

Any nonconsumable thing that is susceptible of ownership may be the object of a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2894. Preservation and limited use

The borrower is bound to keep, preserve, and use the thing lent as a prudent administrator.  He may use it only according to its nature or as provided in the contract.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2895. Ordinary wear and tear;  damage caused by the failure to keep, preserve, or use as a prudent administrator

The borrower is not liable for ordinary wear and tear of the thing lent.  He is liable for damage to the thing lent caused by his failure to keep, preserve, or use it as a prudent administrator.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2896. Use for longer time or in other manner

When the borrower uses the thing for a longer time or in a manner other than agreed upon, he is liable for any damage to the thing, even if it is caused by a fortuitous event.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2897. Loss caused by fortuitous event

When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable for the damage to the thing lent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2898. Valuation of the thing

When the contract of loan for use states a value for the thing lent, the borrower bears the risk of loss of the thing, including loss by fortuitous event.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2899. Reimbursement for expenses

The borrower may not claim reimbursement from the lender for expenses incurred in the use of the thing.

The borrower may claim reimbursement for expenses incurred for the preservation of the thing lent, if the expenses were necessary and urgent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2900. Liability of joint borrowers

When several persons jointly borrow the same thing, they are solidarily liable toward the lender.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2901. Retaking before or after conclusion of use or expiration of time

The lender may demand the return of the thing lent after expiration of the term and, in the absence of a term, after conclusion of the use for which the thing was lent.  In case of urgent and unforeseen need, the lender may demand the return of the thing at any time.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2902. Lender's liability for damage caused by defects in the thing

The lender is liable to the borrower when defects in the thing lent cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2903. Liberative prescription

An action of the lender for damages because of alteration or deterioration of the thing lent and an action of the borrower for reimbursement of expenses are subject to a liberative prescription of one year.  These prescriptions commence to run from the day of the return of the thing.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Chapter 2. Loan for Consumption (Mutuum)

Art. 2904. Loan for consumption;  definition

The loan for consumption is a contract by which a person, the lender, delivers consumable things to another, the borrower, who binds himself to return to the lender an equal amount of things of the same kind and quality.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2905. Ownership and risk of loss of the thing lent

The borrower in a loan for consumption becomes owner of the thing lent and bears the risk of loss of the thing.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2906. Loan of nonfungible things

A loan of a nonfungible thing, in the absence of contrary agreement, is not a loan for consumption, but is a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2907. Loan of money or commodities

When the loan is of money, the borrower is bound to repay the same numerical amount in legal tender of the country whose money was lent regardless of fluctuation in the value of the currency.

When commodities are lent, the borrower is bound to return the same quantity and quality regardless of any increase or diminution of value.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2908. Lender's liability for damage caused by defects in the thing

The lender is liable to the borrower when defects in the thing lent for consumption cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2910. Substance and place of performance

The borrower is bound to render performance at the place agreed upon.  When the place for performance is not fixed in the contract, performance shall be rendered at the place where the loan is contracted.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2911. Payment of value when restitution is impossible

When it is impossible for the borrower to return to the lender things of the same quantity and quality as those lent, the borrower is bound to pay the value of the things lent, taking into account the time and place they should have been returned according to the contract.

When the time and place are not fixed in the contract, the borrower owes the value of the things at the time the demand for performance is made and at the place where the loan is contracted.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Art. 2912. Payment of interest in case of default

When the borrower does not return the things lent or their value at the time when due, he is bound to pay legal interest from the date of written demand.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Chapter 3. Loan on Interest

Art. 2913. Payment of interest presumed in release of principal

When the principal of the loan is released without reservation as to interest, it is presumed that the interest is also released.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Title XIII. Deposit and Sequestration

Chapter 1. Deposit

Art. 2926. Deposit;  definition

A deposit is a contract by which a person, the depositor, delivers a movable thing to another person, the depositary, for safekeeping under the obligation of returning it to the depositor upon demand.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2927. Applicability of the rules governing obligations

In matters for which no special provision is made in this Title, the contract of deposit is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2928. Nature of the contract

The contract of deposit may be either onerous or gratuitous.  It is gratuitous in the absence of contrary agreement, custom, or usage.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2929. Formation of the contract;  delivery

The formation of a contract of deposit requires, besides an agreement, the delivery of the thing to the depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2930. Diligence and prudence required

When the deposit is onerous, the depositary is bound to fulfill his obligations with diligence and prudence.

When the deposit is gratuitous, the depositary is bound to fulfill his obligations with the same diligence and prudence in caring for the thing deposited that he uses for his own property.

Whether the deposit is gratuitous or onerous, the depositary is liable for the loss that the depositor sustains as a result of the depositary's failure to perform such obligations.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2931. Use of the thing deposited

The depositary may not use the thing deposited without the express or implied permission of the depositor.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2932. Use of consumable

When the thing deposited is a consumable and the depositary has permission to consume or dispose of it, the contract is a loan for consumption rather than deposit and is governed by the laws applicable to that contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2933. Return of the thing deposited

The depositary is bound to return the precise thing that he received in deposit.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2934. Delivery of value received

When the thing deposited is lost or deteriorated without any fault of the depositary, the depositary is nevertheless bound to deliver to the depositor whatever value the depositary received as a result of that loss, including the proceeds of any insurance.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2935. Delivery of civil and natural fruits

The depositary is bound to deliver to the depositor the civil and natural fruits that he received from the thing deposited.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2936. Proof of ownership of the thing deposited not required;  a stolen thing

The depositary may not require the depositor to prove that he is the owner of the thing deposited.  If the depositary discovers that the thing deposited was stolen, the depositary may refuse to return the thing to the depositor and is exonerated from liability if he delivers the thing to its owner.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2937. Place and expense of return

When the contract of deposit specifies the place of return, the thing deposited is to be returned there and the depositor bears the expense of transportation.  If the contract of deposit does not specify the place of return, the thing deposited is to be returned at the place where the deposit was made.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2938. Time of return

The depositary is bound to return the thing deposited upon demand, even if the agreed term of the deposit has not expired, unless expressly provided otherwise in the contract of deposit.

A depositary may not return the thing deposited before the lapse of the agreed term unless unforeseen circumstances make it impossible for him to keep the thing safely and without prejudice to himself.

When no term is fixed, the depositary may return the thing deposited at any time.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2939. Retention of the deposit

The depositary may retain the thing deposited until his claims arising from the contract of deposit are paid. He may not retain the thing until payment of a claim unrelated to the contract of deposit or by way of setoff.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2940. Reimbursement of the depositary

The depositor is bound to reimburse the depositary for the reasonable expenses he has incurred for the safekeeping of the thing deposited, to indemnify him for the losses the thing may have caused him, and to pay him the agreed remuneration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Chapter 2. Deposit with Innkeepers

Art. 2941. Obligation of innkeeper to accept the deposit

An innkeeper is bound to accept for deposit the personal belongings of guests unless he is unable to provide such a service because of the excessive value, size, weight, or nature of the things sought to be deposited.  He may examine the things handed over for deposit and require that they be placed in a closed or sealed receptacle.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2942. Innkeeper as compensated depositary

An innkeeper is a compensated depositary as to things that guests deliver to him for safekeeping.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2943. Availability of a safe

An innkeeper who places a safe at the disposal of a guest in the guest's room is not a depositary of the things that the guest places in the safe.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2944. Damaged or stolen things

An innkeeper is not responsible for things of a guest that are stolen or damaged, unless the loss is attributed to the innkeeper's fault.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2945. Limitation of innkeeper's liability

The innkeeper's liability to guests, whether contractual or delictual, for stolen or damaged personal belongings that were not delivered to the innkeeper, is limited to five hundred dollars if he provides a safe deposit facility for such belongings and if he posts notice of the availability of a safe, unless the innkeeper has assumed greater liability by a separate written contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Chapter 3. Conventional Sequestration

Art. 2946. Conventional sequestration;  definition

Conventional sequestration takes place when two or more persons by agreement deliver to a depositary a thing, movable or immovable, the rights to which are disputed or uncertain.  In that case, the depositary is bound to deliver the thing according to their agreement or according to a court order.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2947. Applicable law

Conventional sequestration is governed by the rules applicable to deposit, to the extent that their application is compatible with the nature of conventional sequestration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2948. Termination of conventional sequestration by the depositary

The depositary may terminate the conventional sequestration unilaterally only if he is unable to perform his obligations.  He is bound to deliver the thing to the successor depositary agreed upon by the parties and, when the parties cannot agree, he must apply to the court for the appointment of another depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Chapter 4. Judicial Sequestration

Art. 2949. Judicial sequestration

A judicial sequestration takes place according to a court order as provided in the Code of Civil Procedure.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2950. Applicable law

Judicial sequestration is governed by the rules applicable to deposit and conventional sequestration to the extent that their application is compatible with the nature of judicial sequestration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Art. 2951. Judicial depositary

The judicial depositary is the public official charged with the duty to execute the orders of the court. He is subject to the obligations of a conventional depositary.  He is bound to deliver the thing to the person designated by the court.  He is entitled to a fee to be paid by the person ordered to pay that fee by the court.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Title XIV. Of Aleatory Contracts

Art. 2982. Aleatory contract, definition

Art. 2982. Repealed by Acts 2019, No. 106, §2.

Art. 2983. Actions for payment of gaming debts and bets

Art. 2983. Repealed by Acts 2019, No. 106, §2.

Art. 2984. Actions for recovery of payments made on gaming debts and bets

Art. 2984. Repealed by Acts 2019, No. 106, §2.