Comment by Scott T. Whittaker
In 1982 the Louisiana Legislature enacted House Bill No. 536, Act No. 187, entitled “Occupancy; Possession; Prescription; Peremption—Civil Code Revision.” The purpose of this act was “[t]o amend and reenact Civil Code Art. 3412 through Art. 3491, to repeal Civil Code Art. 3492 through Art. 3527, relative to occupancy, possession, prescription, and peremption, and to make changes in the designation of the divisions of Book III of the Civil Code containing said Articles.” Generally, the new revision does not seek to change the law, except in certain clearly delineated respects, but represents an attempt to codify and clarify the existing law. In addition to the areas of the law of possession that were intentionally changed, however, there are certain areas which, because of the new revision, may have been unintentionally altered. This work is an examination of the articles contained in Chapter 2, Title XXIII, Book III of the reenacted Civil Code, and a discussion of the changes that may have resulted from this revision.
About the Author
Scott T. Whittaker.
Citation
58 Tul. L. Rev. 573 (1983)