Good Faith In Louisiana Property Law PDF Download
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Author | : John A. Lovett |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download Good Faith in Louisiana Property Law Book in PDF, ePub and Kindle
Good faith plays a pivotal role in four core areas of Louisiana property law that were the subject of an intense burst of law reform activity between 1977 and 1982. This article addresses the function of good faith in those areas: (1) as a prerequisite to the establishment of a predial servitude benefiting the owner of a building that encroaches on the property of a neighbor (Article 670 of the Louisiana Civil Code); (2) as a mediating device allocating the rights of an original owner of a corporeal movable and a subsequent transferee or acquirer under the bona fide purchaser doctrine (Articles 518 to 525 of the Louisiana Civil Code); (3) as a defining characteristic establishing rights and obligations under the law of accession when a person possesses immovable property without title (Article 487 of the Louisiana Civil Code); and (4) as a prerequisite for the acquisition of ownership or other real rights in immovable property by ten year acquisitive prescription (Articles 3480 to 3482 of the Louisiana Civil Code). The article first observes that in all of the instances in which good faith is employed in Louisiana property law an initial owner of a corporeal thing either risks losing all or a portion of her property rights to another person who has invaded the owner's sphere of exclusive control or may be required to compensate another person who has acquired possession of the thing. In other words, the law shifts a property entitlement to someone who would ordinarily not be entitled to any legal protection. The article argues that in these entitlement shifting situations the Louisiana Civil Code uses the concept of good faith as a crucial mediating device, reallocating the rights and obligations of the original owner and the new player who has arrived on the scene either uninvited or through some intermediary transaction. The article demonstrates that the concept of good faith has two essential components in those contexts: honesty and carefulness. Honesty is a fundamental and constant requirement for good faith status. Carefulness, however, plays a more variable role. In the context of building encroachments, the Civil Code only requires a minimal level of carefulness-no knowledge of obvious red flags. Under the bona fide purchaser doctrine, different market situations can lower or raise the level of carefulness required to achieve good faith status. In the law of accession, a good faith possessor must rely on a written title translative of ownership but otherwise must only be innocently unaware of defects. Finally, under the law of acquisitive prescription of immovables, a good faith possessor must rely on a just title and meet a rigorous standard of objective reasonableness. This article shows that that as the consequences of the entitlement shifting rule increase, good faith is transformed from a relatively simplistic and mechanistic tool focused primarily on honesty to one that becomes increasingly precise, exacting and ethically responsive, focusing more and more on the transactional and contextual carefulness of the good faith claimant's actions-and sometimes on the relative carelessness of other parties in a property relationship. The article concludes by speculating on what Louisiana property law might gain and lose if the notion of good faith were banished from consideration.
Author | : John A. Lovett |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Property |
ISBN | : 9781611630770 |
Download Louisiana Property Law Book in PDF, ePub and Kindle
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).
Author | : Nicholas M. Graphia |
Publisher | : Gulf Coast Legal Publishing, LLC |
Total Pages | : 40 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : |
Download Louisiana Property Insurance Claims Statutory Handbook 2022: Select Provisions of the Louisiana Insurance Code Book in PDF, ePub and Kindle
Compiled with policyholders, first party property insurance claim adjusters, and attorneys in mind, this Louisiana Property Insurance Claims Statutory Handbook contains select provisions of Title 22 of the Revised Statutes, known as the Louisiana Insurance Code. It focuses on laws affecting immovable (real) property insurance claims. For example, statutes covering the Policyholder Bill of Rights, Standard Fire Policy, Payment of Claims, and the duty of Good Faith and Fair Dealing are included. See the Table of Contents for a complete listing. Current through the 2021 Legislative Sessions.
Author | : J. Randall Trahan |
Publisher | : |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Law |
ISBN | : 9781531025434 |
Download Louisiana Law of Property, a Précis Book in PDF, ePub and Kindle
"Louisiana Law of Property: A Précis, Second Edition focuses on the Louisiana Civil Code as it applies to Property Law. This user-friendly book provides a basic understanding of the principles and rules governing the law of property. The Précis format allows for a brief and specific explanation of the main issues of the civil law of contracts, and is an essential and original resource for Louisiana law students and the legal profession in general"--
Author | : Athanassios N. Yiannopoulos |
Publisher | : |
Total Pages | : 652 |
Release | : 1997 |
Genre | : Civil law |
ISBN | : |
Download Predial Servitudes Book in PDF, ePub and Kindle
Author | : Louisiana |
Publisher | : |
Total Pages | : 640 |
Release | : 1838 |
Genre | : Civil law |
ISBN | : |
Download Civil Code of the State of Louisiana Book in PDF, ePub and Kindle
Author | : Louisiana Government |
Publisher | : |
Total Pages | : 73 |
Release | : 2019-04-21 |
Genre | : |
ISBN | : 9781095464670 |
Download Louisiana Expropriation Code 2019 Book in PDF, ePub and Kindle
For practice at a plausible price this newly revised edition is the Louisiana Expropriation Code 2019. This book specifically designed for self-motivated self-study students who are seeking significant score improvement in the Law School. Relied on by students, professors, and practitioners. It is brilliant, basic and remarkably effective.The remarkable, trustworthy Louisiana Expropriation Code 2019 book is extremely useful to teach yourself the subject from the first day of class until your last review before the final.The first duty of a law book is to state the law as it is, truly and accurately, and then the reason or principle for it as far as it is known.
Author | : John Randall Trahan |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Property |
ISBN | : 9781422476055 |
Download Louisiana Law of Property Book in PDF, ePub and Kindle
Louisiana Law of Property: A Précis focuses on the Louisiana Civil Code as it applies to Property Law. This user-friendly book provides a basic understanding of the principles and rules governing the law of property. The Precis format allows for a brief and specific explanation of the main issues of the civil law of contracts, and is an essential and original resource for Louisiana law students and the legal profession in general.
Author | : Peter E. Herzog |
Publisher | : Springer |
Total Pages | : 746 |
Release | : 2014-11-14 |
Genre | : Law |
ISBN | : 9401762759 |
Download Civil Procedure in France Book in PDF, ePub and Kindle
Author | : Yaëll Emerich |
Publisher | : Edward Elgar Publishing |
Total Pages | : 352 |
Release | : 2018-11-30 |
Genre | : LAW |
ISBN | : 1788111842 |
Download Conceptualising Property Law Book in PDF, ePub and Kindle
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.