Article by Wendell H. Holmes and Symeon C. Symeonides
This Article is a presentation and constructive critique of Louisiana's new law of representation and mandate. The Article compares the provisions of the new law with the solutions developed by Louisiana jurisprudence as well as with the equivalent institutions of the Roman law, modern continental civil law, and American common law.
The Article concludes that, despite several shortcomings, the new law makes a significant contribution to modern civil law in general and to the law of mixed jurisdictions in particular. While being faithful to Louisiana's civilian heritage, the new law recognizes the realities of contemporary transactional practice and the need for some uniformity with the law of the surrounding common law states. To that end, the new law appropriately sanctions certain useful common-law institutions, such as apparent authority and undisclosed agency, and recasts them in terms compatible with a civil code. If only for this reason, the new Louisiana law is worthy of a careful examination by other civil-law or mixed jurisdictions that recognize the same needs.
About the Author
Wendell H. Holmes. Liskow & Lewis Professor of Law, Louisiana State University Law Center; B.A. Millsaps College; J.D. Tulane University School of Law.
Symeon C. Symeonides. Judge Albert Tate Professor of Law Emeritus, Louisiana State University Law Center; Dean and Professor of Law, Willamette University College of Law. LL.B. (Priv. L.), LL.B. (Publ. L.) Aristotelian University of Thessaloniki; LL.M., S.J.D. Harvard Law School.
Citation
73 Tul. L. Rev. 1087 (1999)