Dainow, Joseph

English

Louisiana State University: DigitalCommons @ LSU Law Center

Louisiana Law ReviewVolume 25 | Number 1Symposium Issue: Louisiana Legislation of 1964December 1964Civil Code and Related Legislation: PrescriptionJoseph DainowThis Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted forinclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact kreed25@lsu.edu.Repository CitationJoseph Dainow, Civil Code and Related Legislation: Prescription , 25 La. L. Rev. (1964)Available at: https://digitalcommons.law.lsu.edu/lalrev/vol25/iss1/81964] CIVIL CODE AND RELATED LEGISLATION 25mortgage. This change is included in both new paragraphs(paragraph B for livestock; paragraph A for other property).PRESCRIPTIONJoseph Dainow*LIBERATIVE PRESCRIPTIONFor some reason, there appears to be a movement in thedirection of defining and limiting liability in building con-struction. Act 183 of 1958, as amended by Act 84 of 1960,1provided that (1) a contractor would not be liable for destruc-tion, deterioration or defects which were due to any fault orinsufficiency of the plans or specifications made by somebodyelse, and (2) the contractor cannot waive this exculpation.Now, Act 189 of 19642 provides a series of different "pre-emptive periods" for actions involving deficiencies in design,planning, inspection, supervision, or construction of improve-ments to immovable property, whether the action is broughtby the owner or by any other person. Although the stipulatedperiod of ten years is the same as that applicable under the CivilCode, 3 the statute spells out the kinds of actions covered (in-cluding property damage and personal injury) and fixes thestarting point for the counting of time in various situations.The use of the phrase "pre-emptive periods" (instead of "libera-tive prescription") is probably intended to mean an absoluteextinction of the cause of action by the calendar lapse of time,thereby excluding any possibilities of suspension, interruption,or renunciation which apply in ordinary prescriptions.ACQUISITIVE PRESCRIPTIONAct 408 of 1964 added a new section to the Revised Statutes'which provides that acquisitive prescription (Civil Code article3458) shall not run against any levee district or against theBoard of Commissioners of any levee district.*Professor of Law, Louisiana State University.1. LA. R.S. 9:2771 (1960).2. LA. R.S. 9:2772 (Supp. 1964).3. LA. CIVIL CODE art. 3544 (1.870); cf. id. art. 3545.4. LA. R.S. 38:295 (Supp. 1964), by redesignation under authority of id.24:253 although enacted as id. 38:293.

Civil Code and Related Legislation: Prescription

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Civil Code and Related Legislation: Prescription

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