Art. 2806. Ownership of immovable property; retroactivity of partnership's existence; acquisition of immovable property prior to partnership's existence
A. An immovable acquired in the name of a partnership is owned by the partnership if, at the time of acquisition, the contract of partnership was in writing. If the contract of partnership was not in writing at the time of acquisition, the immovable is owned by the partners.
B. As to third parties, the individual partners shall be deemed to own immovable property acquired in the name of the partnership until the contract of partnership is filed for registry with the secretary of state as provided by law.
C. Whenever any immovable property is acquired by one or more persons acting in any capacity for and in the name of any partnership which has not been created by contract as required by law, and the partnership is subsequently created by contract in accordance with Title XI of Book III of the Civil Code, the partnership's existence shall be retroactive to the date of acquisition of an interest in such immovable property, but such retroactive effect shall be without prejudice to rights validly acquired by third persons in the interim between the date of acquisition and the date that the partnership was created by contract.
Acts 1980, No. 150, §1; Acts 2005, No. 136, §1, eff. June 22, 2005.
Structure Louisiana Laws
Art. 4. Absence of legislation or custom
Art. 7. Laws for the preservation of the public interest
Art. 9. Clear and unambiguous law
Art. 10. Language susceptible of different meanings
Art. 13. Laws on the same subject matter
Art. 25. Commencement and end of natural personality
Art. 26. Art. 26. Unborn child
Art. 27. General legal capacity
Art. 28. Capacity to make juridical acts
Art. 31. Existence of a person at time of accrual of a right
Art. 39. Domicile and residence
Art. 41. Domicile of unemancipated minor.
Art. 42. Domicile of interdict
Art. 43. Domicile of person under continued or permanent tutorship
Art. 45. Proof of intent to change domicile
Art. 46. Person holding temporary position
Art. 47. Curator of an absent person's property
Art. 48. Powers, rights, and duties of curator
Art. 49. Legal capacity of absent person
Art. 50. Termination of curatorship of right
Art. 51. Termination by judgment of declaration of death
Art. 52. Effects of termination of curatorship
Art. 53. Validity of acts of curator after termination of the curatorship
Art. 54. Absent person; declaration of death
Art. 55. Declaration of death; effect
Art. 56. New evidence as to time of death
Art. 57. Reappearance of absent person; recovery of his property
Art. 58. Succession rights of person presumed dead or declared dead
Art. 59. Reappearance of absent person; recovery of his inheritance
Art. 60. Arts. 60 to 85 repealed by Acts 1990, No. 989, 1, eff. January 1, 1991.
Art. 87. Contract of marriage; requirements
Art. 88. Impediment of existing marriage
Art. 89. Impediment of same sex
Art. 90. Impediments of relationship
Art. 91. Marriage ceremony required
Art. 92. Marriage by procuration prohibited
Art. 3521. Divorce or separation
Art. 3522. Effects and incidents of marriage and of divorce
Art. 94. Absolutely null marriage
Art. 95. Relatively null marriage; confirmation
Art. 96. Civil effects of absolutely null marriage; putative marriage
Art. 97. Civil effects of relatively null marriage
Art. 98. Mutual duties of married persons
Art. 100. Surname of married persons
Art. 101. Termination of marriage
Art. 102. Judgment of divorce; living separate and apart prior to rule
Art. 103. Judgment of divorce; other grounds
Art. 103.1. Judgment of divorce; time periods
Art. 105. Determination of incidental matters
Art. 111. Spousal support; authority of court
Art. 112. Determination of final periodic support
Art. 113. Interim spousal support
Art. 114. Modification or termination of award of support
Art. 115. Extinguishment of support obligation
Art. 116. Modification of spousal support obligation
Art. 117. Peremptive period for obligation
Art. 121. Claim for contributions to education or training; authority of court
Art. 123. Form of award; effect of remarriage or death
Art. 124. Prescription of spousal claim for contributions
Art. 131. Court to determine custody
Art. 132. Award of custody to parents
Art. 133. Award of custody to person other than a parent; order of preference
Art. 134. Factors in determining child's best interest
Art. 135. Closed custody hearing
Art. 136. Award of visitation rights
Art. 136.1. Award of visitation rights
Art. 137. Denial of visitation; felony rape; death of a parent
Art. 141. Child support; authority of court
Art. 142. Modification or termination of child support award
Art. 149. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 150. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 151. Proceeding for declaration of nullity of a marriage; interim incidental relief
Art. 152. Proceeding for declaration of nullity of a marriage; final incidental relief
Art. 153. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 154. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 155. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 156. Repealed by Acts 1990, No. 1009, 9, eff. Jan. 1, 1991.
Art. 159. Effect of divorce on community property regime
Art. 161. Repealed by Acts 1990, No. 1008, 6, eff. Jan. 1, 1991.
Art. 162. Arts. 162 to 175 Repealed by Acts 1990, No. 705, 1.
Art. 179. Establishment of filiation
Art. 185. Presumption of paternity of husband
Art. 186. Presumption if child is born after divorce or after death of husband; effect of disavowal
Art. 187. Disavowal action; proof
Art. 188. Disavowal precluded in case of assisted conception
Art. 189. Time limit for disavowal by the husband
Art. 190. Time limit for disavowal by heir or legatee
Art. 190.1. Three-party acknowledgment; alternative to disavowal; time period
Art. 191. Contestation and establishment of paternity by mother
Art. 192. Contestation action; proof
Art. 193. Contestation and establishment of paternity; time period
Art. 194. Judgment in contestation action
Art. 196. Formal acknowledgment; presumption
Art. 197. Child's action to establish paternity; proof; time period
Art. 198. Father's action to establish paternity; time period
Art. 201. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 202. Repealed by Acts 1979, No. 607, 4.
Art. 203. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 204. Repealed by Acts 1979, No. 607, 4.
Art. 205. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 206. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 207. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 208. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 209. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 210. Repealed by Acts 1980, No. 549, 2.
Art. 211. Repealed by Acts 2005, No. 192, §1, eff. June 29, 2005.
Art. 212. Adult adoption requirements
Art. 213. Adult adoption; form
Art. 214. Adult adoption; recordation requirement
Art. 221. Authority of married parents
Art. 222. Representation of minor
Art. 223. Rights and obligations of parental authority
Art. 224. Parental obligation of support and education
Art. 225. Parental liability for child's offenses and quasi-offenses
Art. 226. Parental obligation of direction
Art. 228. Child's obligation of obedience; parental correction
Art. 229. Administration of the property of the child
Art. 230. Alienation, encumbrance, or lease of the property of the child; expenditure of fruits
Art. 231. Parents' obligation to deliver and account
Art. 233. Delegation of parental authority
Art. 234. Parental authority; custody award
Art. 235. Termination of parental authority
Art. 236. Filial honor and respect
Art. 239. Modification or termination of support
Art. 246. Occasion for tutorship.
Art. 247. Kinds of tutorships.
Art. 248. Modes of establishment of tutorships.
Art. 249. Accountability of tutor.
Art. 250. Persons entitled to tutorship
Art. 251. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 252. Unborn and posthumous children.
Art. 253. Repealed by Acts 1974, No. 163, 2.
Art. 254. Arts. 254, 255 Repealed by Acts 1960, No. 30, 2
Art. 256. Children born outside of marriage
Art. 257. Surviving parent's right of appointment.
Art. 258. Right of appointment where parents are divorced or separated
Art. 259. Option of acceptance of tutorship.
Art. 260. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 261. Child born outside of marriage
Art. 262. Appointment of several tutors; order of priority.
Art. 263. Qualified ascendants; collaterals by blood; surviving spouse.
Art. 270. Occasion for tutorship.
Art. 273. Necessity for appointment.
Art. 278. Liability concerning minor's legal mortgage.
Art. 279. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 280. Termination of undertutorship.
Art. 281. Arts. 281 to 291 Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 292. Excuse by reason of office or function.
Art. 293. Waiver of excuse by subsequent acceptance of tutorship.
Art. 294. Subsequently acquired excuse.
Art. 295. Excuse for remote relationship.
Art. 297. Excuse for infirmity.
Art. 298. Excuse for prior tutorships
Art. 299. Time to present excuse.
Art. 300. Provisional administration pending consideration of excuse.
Art. 301. Parent's unconditional obligation of tutorship.
Art. 302. Repealed by Acts 1960, No. 30, 2
Art. 307. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 308. Duty to apply for appointment.
Art. 309. Minors exempt from taking application.
Art. 310. Liability for failure to make application.
Art. 311. Action for damages; prescription.
Art. 322. Minor's legal mortgage on tutor's property.
Art. 336. Alienation of minor's immovables.
Art. 337. Repealed by Acts 2001, No. 572, 2.
Art. 339. Agreements between tutor and minor.
Art. 340. Prescription of minor's action against tutor.
Art. 354. Procedure for placing under tutorship.
Art. 355. Petition for continuing or permanent tutorship
Art. 356. Title of proceedings; procedural rules; parents as tutor and undertutor.
Art. 357. Decree, place of recording, notice.
Art. 358. Authority, privileges, and duties of tutor and undertutor; termination of tutorship.
Art. 359. Restriction on legal capacity.
Art. 360. Parents' rights of administration.
Art. 361. Contest of decree restricting legal capacity.
Art. 362. Persons subject to interdiction.
Art. 366. Judicial emancipation
Art. 367. Emancipation by marriage
Art. 368. Limited emancipation by authentic act
Art. 369. Emancipation; when effective
Art. 370. Modification and termination of judicial emancipation
Art. 371. Modification or termination of limited emancipation by authentic act
Art. 390. Limited interdiction
Art. 391. Temporary and preliminary interdiction
Art. 394. Pre-interdiction juridical acts
Art. 395. Capacity to make juridical acts
Art. 396. Effective date of judgment of interdiction
Art. 397. Modification and termination of interdiction
Art. 398. Effective date of modification or termination of a judgment of interdiction
Art. 399. Responsibility for wrongful filing of interdiction petition
Art. 452. Public things and common things subject to public use.
Art. 454. Freedom of disposition by private persons.
Art. 455. Private things subject to public use.
Art. 456. Banks of navigable rivers or streams.
Art. 457. Roads; public or private.
Art. 458. Works obstructing the public use.
Art. 459. Building encroaching on public way.
Art. 461. Corporeals and incorporeals.
Art. 463. Component parts of tracts of land.
Art. 464. Buildings and standing timber as separate immovables.
Art. 465. Things incorporated into an immovable.
Art. 466. Component parts of a building or other construction
Art. 467. Immovables by declaration.
Art. 469. Transfer or encumbrance of immovable.
Art. 470. Incorporeal immovables.
Art. 473. Incorporeal movables.
Art. 474. Movables by anticipation.
Art. 475. Things not immovable.
Art. 478. Resolutory condition; real right in favor of other person.
Art. 479. Necessity of a person.
Art. 481. Ownership and possession distinguished.
Art. 483. Ownership of fruits by accession.
Art. 485. Fruits produced by a third person; reimbursement.
Art. 486. Possessor's right to fruits.
Art. 487. Possessor in good faith; definition.
Art. 488. Products; reimbursement of expenses.
Art. 489. Apportionment of fruits.
Art. 490. Accession above and below the surface.
Art. 491. Buildings, other constructions, standing timber, and crops.
Art. 492. Separate ownership of part of a building.
Art. 493. Ownership of improvements
Art. 493.1. Ownership of component parts
Art. 493.2. Loss of ownership by accession; claims of former owner
Art. 494. Constructions by landowner with materials of another.
Art. 496. Constructions by possessor in good faith.
Art. 497. Constructions by bad faith possessor.
Art. 498. Claims against third persons
Art. 499. Alluvion and dereliction.
Art. 500. Shore of the sea or of a lake.
Art. 501. Division of alluvion.
Art. 502. Sudden action of waters.
Art. 503. Island formed by river opening a new channel.
Art. 504. Ownership of abandoned bed when river changes course.
Art. 505. Islands and sandbars in navigable rivers.
Art. 506. Ownership of beds of nonnavigable rivers or streams.
Art. 507. Accession as between movables.
Art. 508. Things principal and accessory.
Art. 509. Value or bulk as a basis to determine principal thing.
Art. 510. Union of a principal and an accessory thing.
Art. 511. Ownership of new thing made with materials of another.
Art. 512. Effect of bad faith.
Art. 513. Use of materials of two owners; separation or co-ownership.
Art. 514. Mixture of materials.
Art. 515. Recovery of materials or value in lieu of ownership.
Art. 516. Liability for unauthorized use of a movable.
Art. 517. Voluntary transfer of ownership of an immovable
Art. 518. Voluntary transfer of the ownership of a movable
Art. 519. Transfer of action for recovery of movable.
Art. 520. Repealed by Acts 1981, No. 125, 1.
Art. 521. Lost or stolen thing.
Art. 522. Transfer of ownership by owner under annullable title.
Art. 523. Good faith; definition.
Art. 524. Recovery of lost or stolen things.
Art. 525. Registered movables.
Art. 526. Recognition of ownership; recovery of the thing.
Art. 530. Presumption of ownership of movable.
Art. 531. Proof of ownership of immovable.
Art. 533. Kinds of servitudes.
Art. 537. Nonconsumable things.
Art. 538. Usufruct of consumable things
Art. 539. Usufruct of nonconsumable things.
Art. 541. Divisibility of usufruct.
Art. 542. Divisibility of naked ownership.
Art. 543. Partition of the property in kind or by licitation
Art. 544. Methods of establishing usufruct; things susceptible of usufruct.
Art. 545. Modifications of usufruct.
Art. 546. Usufruct in favor of successive usufructuaries.
Art. 547. Usufruct in favor of several usufructuaries.
Art. 548. Existence of usufructuaries.
Art. 549. Capacity to receive usufruct
Art. 550. Right to all fruits.
Art. 552. Corporate distributions.
Art. 553. Voting of shares of stock and other rights
Art. 554. Commencement of the right to fruits.
Art. 555. Nonapportionment of natural fruits.
Art. 556. Apportionment of civil fruits.
Art. 557. Possession and use of the things.
Art. 558. Improvements and alterations
Art. 560. Trees, stones, and other materials.
Art. 562. Usufruct of timberlands.
Art. 567. Contracts affecting the usufructuary's liability
Art. 568. Disposition of nonconsumable things
Art. 568.1. Donation and alienation
Art. 568.3. Requirement to remove encumbrance
Art. 569. Duties with regard to things gradually or totally impaired
Art. 573. Dispensation of security
Art. 574. Delay in giving security
Art. 575. Failure to give security
Art. 577. Liability for repairs
Art. 578. Ordinary and extraordinary repairs.
Art. 579. Rights of action for repairs.
Art. 580. Reimbursement for necessary repairs
Art. 581. Liability for necessary expenses
Art. 582. Abandonment of usufruct.
Art. 583. Ruin from accident, force majeure, or age
Art. 585. Extraordinary charges.
Art. 586. Liability for debts; usufruct inter vivos
Art. 587. Liability for debts; usufruct established mortis causa
Art. 588. Discharge of debt on encumbered property; usufruct established inter vivos
Art. 589. Discharge of debt on encumbered property by mortis causa usufructuary
Art. 590. Encumbered property; discharge of debt on encumbered property by naked owner
Art. 591. Continuation of usufruct after sale of property
Art. 592. Multiple usufructuaries; contribution to payment of estate debts
Art. 593. Discharge of legacy of annuity
Art. 594. Court costs; expenses of litigation
Art. 595. Expenses of litigation; legal usufruct.
Art. 596. Expenses of litigation; conventional usufruct.
Art. 597. Liability of the usufructuary for servitudes.
Art. 598. Duty to give information to owner.
Art. 599. Usufruct of a herd of animals.
Art. 600. Disposition of animals.
Art. 601. Removal of improvements
Art. 602. Set off against damages.
Art. 603. Disposition of the naked ownership; alienation or encumbrance of the property
Art. 605. Toleration of the enjoyment.
Art. 607. Death of the usufructuary.
Art. 608. Dissolution of juridical person; thirty year limitation
Art. 609. Termination of legacy of revenues.
Art. 610. Usufruct for a term or under condition.
Art. 611. Term; transfer of usufruct to another person.
Art. 612. Term; third person reaching a certain age.
Art. 613. Loss, extinction, or destruction of property
Art. 614. Fault of a third person.
Art. 615. Change of the form of property
Art. 616. Sale or exchange of the property; taxes
Art. 617. Proceeds of insurance.
Art. 618. Security for proceeds
Art. 619. Changes made by the testator
Art. 620. Sale of the property or of the usufruct
Art. 621. Prescription of nonuse.
Art. 622. Confusion of usufruct and naked ownership.
Art. 623. Abuse of the enjoyment; consequences
Art. 624. Security to prevent termination
Art. 625. Intervention by creditors of the usufructuary
Art. 626. Renunciation; rights of creditors.
Art. 628. Consequences of termination; usufruct of nonconsumables.
Art. 629. Consequences of termination; usufruct of consumables.
Art. 631. Establishment and extinction.
Art. 632. Regulation by title.
Art. 633. Persons residing in the house.
Art. 634. Extent of right of habitation.
Art. 635. Degree of care; duty to restore the property.
Art. 636. Taxes, repairs, and other charges.
Art. 637. Nontransferable and nonheritable right.
Art. 638. Duration of habitation.
Art. 640. Content of the servitude.
Art. 641. Persons having the servitude.
Art. 642. Extent of the servitude.
Art. 645. Regulation of the servitude.
Art. 646. Predial servitude; definition.
Art. 647. Benefit to dominant estate.
Art. 648. Contiguity or proximity of the estates.
Art. 649. Nature; incorporeal immovable.
Art. 650. Inseparability of servitude
Art. 651. Obligations of the owner of the servient estate
Art. 652. Indivisibility of servitude.
Art. 653. Division of advantages.
Art. 654. Kinds of predial servitudes.
Art. 656. Obligations of the owners.
Art. 657. Estate bordering on running water.
Art. 658. Estate through which water runs.
Art. 659. Legal servitudes; notion.
Art. 660. Keeping buildings in repair
Art. 661. Building in danger of falling.
Art. 662. Building near a wall.
Art. 663. Projections over boundary.
Art. 664. Rain drip from roof.
Art. 665. Legal public servitudes.
Art. 666. River road; substitution if destroyed or impassable.
Art. 667. Limitations on use of property
Art. 668. Inconvenience to neighbor.
Art. 669. Regulation of inconvenience.
Art. 670. Encroaching building.
Art. 671. Destruction of private property to arrest fire.
Art. 672. Other legal servitudes.
Art. 673. Common wall servitude.
Art. 674. Contribution by neighbor.
Art. 675. Presumption of common wall.
Art. 677. Rights and obligations of co-owners.
Art. 679. Abandonment of common wall.
Art. 680. Rights in common walls.
Art. 682. Raising the height of common wall.
Art. 683. Neighbor's right to make the raised part common.
Art. 687. Trees, bushes, and plants on the boundary.
Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
Art. 689. Enclosed estate; right of passage
Art. 693. Enclosed estate; voluntary act.
Art. 694. Enclosed estate; voluntary alienation or partition
Art. 695. Relocation of servitude.
Art. 696. Prescriptibility of action for indemnity.
Art. 697. Right to establish predial servitudes; limitations.
Art. 698. Property susceptible of servitudes.
Art. 699. Examples of predial servitudes.
Art. 700. Servitude of support.
Art. 702. Prohibition of view.
Art. 704. Prohibition of light.
Art. 705. Servitude of passage
Art. 706. Servitudes; affirmative or negative.
Art. 707. Servitudes; apparent or nonapparent.
Art. 708. Establishment of predial servitude.
Art. 712. Owner for a term or under condition.
Art. 713. Purchaser with reservation of redemption.
Art. 714. Co-owner; servitude on entire estate.
Art. 715. Exercise of the servitude.
Art. 716. Servitude on undivided part.
Art. 718. Partition by licitation.
Art. 719. Successor of the co-owner.
Art. 720. Additional servitudes.
Art. 721. Servitude on mortgaged property.
Art. 722. Modes of establishment.
Art. 723. Servitudes on public things.
Art. 724. Multiple dominant or servient estates.
Art. 725. Reciprocal servitudes.
Art. 726. Servitude on after-acquired property.
Art. 727. Servitude on part of an estate.
Art. 729. Conventional alteration of legal or natural servitude.
Art. 730. Interpretation of servitude.
Art. 731. Charge expressly for the benefit of an estate.
Art. 732. Interpretation in the absence of express declaration.
Art. 733. Interpretation; benefit of dominant estate.
Art. 734. Interpretation; convenience of a person.
Art. 735. Persons acquiring servitude.
Art. 736. Capacity to acquire servitude.
Art. 737. Renunciation of servitude by owner of dominant estate.
Art. 738. No revocation by grantor.
Art. 739. Acquisition by title only.
Art. 740. Modes of acquisition of servitudes.
Art. 741. Destination of the owner.
Art. 742. Acquisitive prescription.
Art. 744. Necessary works; cost of repairs.
Art. 745. Right to enter into the servient estate.
Art. 746. Exoneration from responsibility by abandonment of the servient estate.
Art. 747. Division of dominant estate.
Art. 748. Noninterference by the owner of servient estate.
Art. 749. Extent and manner of use of servitude when title is silent.
Art. 750. Location of servitude when the title is silent.
Art. 751. Destruction of dominant or of servient estate.
Art. 752. Reestablishment of things.
Art. 753. Prescription for nonuse.
Art. 754. Commencement of nonuse.
Art. 755. Obstacle to servitude.
Art. 756. Failure to rebuild dominant or servient estate.
Art. 757. Sufficiency of acts by third persons.
Art. 758. Imprescriptibility of natural servitudes.
Art. 760. More extensive use than title.
Art. 761. Use of accessory right.
Art. 763. Minority or other disability.
Art. 764. Burden of proof of use.
Art. 766. Resolutory condition.
Art. 767. Acceptance of succession; confusion
Art. 768. Confusion; separate and community property.
Art. 769. Irrevocability of extinction by confusion.
Art. 770. Abandonment of servient estate.
Art. 771. Renunciation of servitude.
Art. 772. Renunciation by owner.
Art. 773. Expiration of time or happening of condition.
Art. 774. Dissolution of the right of the grantor.
Art. 775. Building restrictions.
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