8 Louisiana Laws That May Not Apply in Other States
June 29, 2016 @ 9:30 am
Louisiana’s legislative code has numerous distinctive laws that you likely won’t find in other states. Although legislators in 49 states use common law, Louisiana is the only state with a legal code primarily based on civil law, which alters how we interpret each law and reduces the impact of legal precedent.
What is Civil Law?
In short, civil law is a legal system that primarily relies on written codes and statutes. Under Louisiana civil law, that means organizing laws into comprehensive codes, such as contracts, property and family law. This means that judicial decisions are not binding precedents; they may be persuasive, but do not set law for future cases. In other words, judges interpret and apply the law but generally do not create law through decisions.
This structure is unique compared to the other 49 states, which follow common law. The origins of civil law in Louisiana trace back to the state’s French and Spanish colonial history, beginning with the inheritance of the Napoleonic code.
Civil Law Versus Common Law
Common law, on the other hand, is a legal system in which law is developed primarily through judicial decisions (court rulings) rather than statutes or codes. Past court decisions (precedents) have significant authority in shaping future cases.
| Feature | Civil Law | Common Law |
| Source of Law | Codified statutes and codes | Judicial decisions (precedents) & statutes |
| Role of Judges | Apply law to cases | Apply and interpret law, create binding precedent |
| Flexibility | Less flexible; judges follow the code strictly | More flexible; courts can adapt the law based on cases |
| Legal Reasoning | Deductive, based on written rules | Inductive, based on past cases |
Unique Louisiana Laws
Redhibition
This legal concept was originally established in Napoleon’s legal code, which was initially unveiled in 1804. The law gives each buyer the ability to file a lawsuit if a product is defective. In general, the statute applies to a purchase as long as an item’s flaw was not initially apparent to the customer, yet the seller must be aware of the defect. Moreover, the buyer has to request repairs before submitting a lawsuit.
Wrestling Matches
Louisiana’s legislators have passed a law that banned fake wrestling matches, yet various statements indicated that real wrestling matches are legal in most cases. Furthermore, the legal code has a statute that prohibits individuals from mocking competitors during boxing matches. In 2014, the state’s governor also approved a bill that increases restrictions on fights that involve chickens.
Forced Heirship
This concept ensures that an individual’s closest relatives will receive portions of the citizen’s estate when the person passes away. If a person becomes an heir, the relative will also become responsible for the liabilities that are associated with the estate.
Handwritten Wills
In some states, a living will may only be official if it has been notarized, yet according to Louisiana’s legislative code, a handwritten will is valid as long as the testator provided a signature and listed the date on which the will was created. In order to legally alter the will, the testator has to handwrite the modified clauses.
Usufruct
Established in Napoleon’s legal code, usufruct allows people to utilize the property of another citizen. Louisiana’s legislative code features a modified version of usufruct that lets owners legally gift the usage of their properties to individuals. A common example of usufruct could be the passing of property from parents to children after both parents are deceased. While living, the parents would utilize the property under usufruct law, which ultimately belongs to their children.
Rescinding an Agreement
Once a person signs a contract or makes a purchase, the individual may void the agreement if the price of a product is substantially higher than the item’s market value. The state’s civil code also has custom policies for real estate or products that are immovable.
Gambling in Louisiana
The state allows commercial gambling, many types of lotteries, contests for fundraisers and parimutuel gambling, which is a betting system where all bets are placed in a pool and split among winners without taxes or “house cuts.” The law fully permits betting that is associated with sports featuring racetracks of all types. However, the legislators do not let citizens engage in gambling that is related to other sports, such as baseball, football, basketball and soccer.
Understanding Louisiana Civil Law
When comparing civil law versus common law, many questions can arise around the role of the judiciary system, precedence and law interpretation. That’s why it’s important to consult with an experienced Louisiana attorney for legal support. The professionals at Morrow, Morrow, Ryan, Bassett & Haik have decades of experience practicing Louisiana civil law and are familiar with the codes and rules surrounding our legal system.
If you’ve been injured, reach out to us at MMRBH — we’re here to get you the justice you deserve.
