US Lawyer Database

Art. 3544. Issues of loss distribution and financial protection

Art. 3544. Issues of loss distribution and financial protection Issues pertaining to loss distribution and financial protection are governed, as between a person injured by an offense or quasi-offense and the person who caused the injury, by the law designated in the following order: (1) If, at the time of the injury, the injured person […]

Art. 3545. Products liability

Art. 3545. Products liability Delictual and quasi-delictual liability for injury caused by a product, as well as damages, whether compensatory, special, or punitive, are governed by the law of this state: (1) when the injury was sustained in this state by a person domiciled or residing in this state; or (2) when the product was […]

Art. 3546. Punitive damages

Art. 3546. Punitive damages Punitive damages may not be awarded by a court of this state unless authorized: (1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused […]

Art. 3547. Exceptional cases

Art. 3547. Exceptional cases The law applicable under Articles 3543-3546 shall not apply if, from the totality of the circumstances of an exceptional case, it is clearly evident under the principles of Article 3542, that the policies of another state would be more seriously impaired if its law were not applied to the particular issue. […]

Art. 3548. Domicile of juridical persons

Art. 3548. Domicile of juridical persons For the purposes of this Title, and provided it is appropriate under the principles of Article 3542, a juridical person that is domiciled outside this state, but which transacts business in this state and incurs a delictual or quasi-delictual obligation arising from activity within this state, shall be treated […]

Art. 3549. Law governing liberative prescription

TITLE VIII. LIBERATIVE PRESCRIPTION Art. 3549. Law governing liberative prescription A. When the substantive law of this state would be applicable to the merits of an action brought in this state, the prescription and peremption law of this state applies. B. When the substantive law of another state would be applicable to the merits of […]

Art. 3539. Capacity

Art. 3539. Capacity A person is capable of contracting if he possesses that capacity under the law of either the state in which he is domiciled at the time of making the contract or the state whose law is applicable to the contract under Article 3537. Acts 1991, No. 923, §1, eff. Jan. 1, 1992.

Art. 3540. Party autonomy

Art. 3540. Party autonomy All other issues of conventional obligations are governed by the law expressly chosen or clearly relied upon by the parties, except to the extent that law contravenes the public policy of the state whose law would otherwise be applicable under Article 3537. Acts 1991, No. 923, §1, eff. Jan. 1, 1992.