Article by Professor Julio C. Cueto-Rua
Professor Vernon V. Palmer recently published a challenging article on the Revision of the Civil Code of Louisiana. For some years, the Revision has been an ongoing project of the Louisiana Legislature and the Louisiana State Law Institute. The title of Palmer's article is very significant: The Death of a Code—The Birth of a Digest. It raises some complex problems concerning codification, revision, compilation, and repeal. The conclusions reached by Professor Palmer should not be ignored or set aside without serious consideration. Otherwise they may generate some degree of uncertainty and confusion about the Louisiana law governing civil and commercial matters.
This Article analyzes Professor Palmer's theoretical contribution regarding the present status of Civil Code revision in Louisiana by examining his article's argumentation and its foundations. As will be shown, his main theses are counter to prevailing theory in civil-law countries and are especially problematical in a mixed-jurisdiction state like Louisiana. To facilitate analysis, the attached appendix lists all of the modern Civil Code revision acts passed by the Louisiana Legislature.
About the Author
Professor Julio C. Cueto-Rua. Professor of Law, Paul M. Herbert Law Center, Louisiana State University.
Citation
64 Tul. L. Rev. 147 (1989)