Comment by Cheryl L. Martin
As a part of the ongoing revision of the Louisiana Civil Code of 1870, the Quasi-Contracts Committee of the Louisiana State Law Institute recently finalized its proposed revision of Civil Code articles 2292 through 2313. These articles deal with managing the affairs of another, or negotiorum gestio, and a form of unjust enrichment called “payment of a thing not due,” or condictio indebiti. This Comment will examine the law of negotiorum gestio and unjust enrichment in Louisiana in light of the Quasi-Contract Committee's proposal.
First, this Comment addresses the committee's recommendation to suppress Civil Code articles 2292 through 2294. Second, to demonstrate how the committee's proposal will provide the judiciary with more guidance, the Comment discusses the proposed articles on negotiorum gestio in light of Louisiana jurisprudence. Third, the Comment will focus upon the proposed codification of a general remedy for unjust enrichment, which currently has its foundation in the civilian tradition and Louisiana jurisprudence. Finally, the Comment will distinguish the doctrines of negotiorum gestio and unjust enrichment to illustrate important differences between the two theories.
About the Author
Cheryl L. Martin.
Citation
69 Tul. L. Rev. 181 (1994)