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
editReferences
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
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