§ 9:5632 — Actions against succession representatives, tutors, and curators; defect in alienations,

Louisiana § 9:5632

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§5632. Actions against succession representatives, tutors, and curators; defect in alienations,
encumbrances, or leases
A. When the legal procedure is defective or does not comply with the requisites of
law in the alienation, encumbrance, or lease of movable or immovable property made by a
legal representative of a succession, minor, or interdict, provided an order of court has been
entered authorizing such alienation, encumbrance, or lease, any action shall be prescribed
against by those claiming such defect or lack of compliance after the lapse of two years from
the time of making such alienation, encumbrance, or lease.
B. This prescriptive period shall also apply to an alienation, encumbrance or lease
of movable or immovable property by an independent succession representative provided an
order of court has been entered authorizing independent administration.
C. This Section shall be applied both retrospectively and prospectively, however, any
person whose rights would be adversely affected by this Section, shall have six months from
July 10, 1990, within which to assert the action described in Subsection A of this Section and
if no such action is instituted within that time, such claim shall be forever barred.

Legislative History

Acts 1990, No. 374, §1, eff. July 10, 1990; Acts 2018, No. 122, §1.