Key Takeaways
- Louisiana is the only civil law jurisdiction in the United States
- Based on French and Spanish law (Napoleonic Code)
- Civil Code governs property, obligations, marriage, and successions
- Different terminology from common law states
- Notaries must understand civil law concepts for document preparation
Last updated: January 2026
Louisiana Civil Code Overview
Louisiana operates under a civil law system, making it unique among all 50 states. This affects every aspect of notarial practice.
Historical Background
| Period | Influence |
|---|---|
| Pre-1803 | French and Spanish colonial law |
| 1803 | Louisiana Purchase from France |
| 1808 | Digest of Civil Laws of 1808 |
| 1825 | Louisiana Civil Code of 1825 |
| 1870 | Civil Code revision |
| Present | Ongoing revisions and updates |
Civil Law vs. Common Law
| Aspect | Louisiana (Civil Law) | Other States (Common Law) |
|---|---|---|
| Source of Law | Written codes | Judicial precedents |
| Role of Courts | Interpret codes | Create law through decisions |
| Property Terms | Immovable/Movable | Real/Personal |
| Contracts | Codified rules | Case law principles |
| Marriage Property | Community property | Varies by state |
| Inheritance | Forced heirship (limited) | Testamentary freedom |
Key Civil Code Books
The Louisiana Civil Code is organized into books:
| Book | Subject Matter |
|---|---|
| Book I | Persons (marriage, divorce, minors) |
| Book II | Things (property) |
| Book III | Modes of Acquiring Ownership (successions, obligations, sales) |
Important Terminology Differences
| Louisiana Term | Common Law Term |
|---|---|
| Immovable property | Real property/Real estate |
| Movable property | Personal property |
| Usufruct | Life estate |
| Naked ownership | Remainder interest |
| Mandate | Power of attorney |
| Mandatary | Agent/Attorney-in-fact |
| Mandator | Principal |
| Donation | Gift |
| Lesion | Unfair price advantage |
| Succession | Probate/Estate |
| Forced heir | Protected heir |
Community Property
Louisiana is a community property state:
| Property Type | Description |
|---|---|
| Community Property | Acquired during marriage (default) |
| Separate Property | Owned before marriage or inherited |
| Mixed | Must be traced and documented |
Notary Importance: Property transfers must identify the marital status and community/separate nature of property.
Why Notaries Must Know Civil Code
Louisiana notaries can prepare legal documents, so they must understand:
- Property classification
- Marriage regimes
- Succession rules
- Contract formation
- Obligation requirements
On the Exam
- Civil law basis: French/Spanish (Napoleonic) Code
- Immovable property: Louisiana term for real estate
- Community property: Default marriage regime
- Usufruct: Similar to life estate
Test Your Knowledge
Louisiana's civil law system is based on:
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D
Test Your Knowledge
In Louisiana, what is "immovable property"?
A
B
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D