Art. 2029. Nullity of contracts

CHAPTER 11. NULLITY Art. 2029. Nullity of contracts A contract is null when the requirements for its formation have not been met. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.

Art. 2030. Absolute nullity of contracts

Art. 2030. Absolute nullity of contracts A contract is absolutely null when it violates a rule of public order, as when the object of a contract is illicit or immoral. A contract that is absolutely null may not be confirmed. Absolute nullity may be invoked by any person or may be declared by the court […]

Art. 2031. Relative nullity of contracts

Art. 2031. Relative nullity of contracts A contract is relatively null when it violates a rule intended for the protection of private parties, as when a party lacked capacity or did not give free consent at the time the contract was made. A contract that is only relatively null may be confirmed. Relative nullity may […]

Art. 2032. Prescription of action

Art. 2032. Prescription of action Action for annulment of an absolutely null contract does not prescribe. Action of annulment of a relatively null contract must be brought within five years from the time the ground for nullity either ceased, as in the case of incapacity or duress, or was discovered, as in the case of […]

Art. 2033. Effects

Art. 2033. Effects An absolutely null contract, or a relatively null contract that has been declared null by the court, is deemed never to have existed. The parties must be restored to the situation that existed before the contract was made. If it is impossible or impracticable to make restoration in kind, it may be […]

Art. 2034. Nullity of a provision

Art. 2034. Nullity of a provision Nullity of a provision does not render the whole contract null unless, from the nature of the provision or the intention of the parties, it can be presumed that the contract would not have been made without the null provision. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.

Art. 2035. Rights of third party in good faith

Art. 2035. Rights of third party in good faith Nullity of a contract does not impair the rights acquired through an onerous contract by a third party in good faith. If the contract involves immovable property, the principles of recordation apply to a third person acquiring an interest in the property whether by onerous or […]