Art. 731. Individuals having procedural capacity

CHAPTER 3. PARTIES DEFENDANT Art. 731. Individuals having procedural capacity A competent major and a competent emancipated minor have the procedural capacity to be sued.

Art. 732. Unemancipated minor

Art. 732. Unemancipated minor A. An unemancipated minor has no procedural capacity to be sued. B. Any person having parental authority over an unemancipated minor is a proper defendant in an action to enforce an obligation against the minor. C. During tutorship, the tutor is the proper defendant in an action to enforce an obligation […]

Art. 733. Mental incompetent; interdict

Art. 733. Mental incompetent; interdict A. A mental incompetent has no procedural capacity to be sued. B. Except as otherwise provided in Articles 732, 4431, and 4566, the curator appointed by a court of this state is the proper defendant in an action to enforce an obligation against a mental incompetent or an interdict. If […]

Art. 734. Succession

Art. 734. Succession Except as otherwise provided by law, including but not limited to Articles 2641 and 2674, the succession representative appointed by a court of this state is the proper defendant in an action to enforce an obligation of the deceased or of his succession, while the latter is under administration. The heirs or […]

Art. 735. Marital community

Art. 735. Marital community Either spouse is the proper defendant, during the existence of the marital community, in an action to enforce an obligation against community property; however, if one spouse is the managing spouse with respect to the obligation sought to be enforced against the community property, then that spouse is the proper defendant […]

Art. 736. Person doing business under trade name

Art. 736. Person doing business under trade name A person who does business under a trade name is the proper defendant in an action to enforce an obligation created by or arising out of the doing of such business.

Art. 737. Partnership; partners

Art. 737. Partnership; partners A partnership has the procedural capacity to be sued in its partnership name. The partners of an existing partnership may not be sued on a partnership obligation unless the partnership is joined as a defendant.

Art. 738. Unincorporated association; members

Art. 738. Unincorporated association; members An unincorporated association has the procedural capacity to be sued in its own name. The members of an unincorporated association may be sued jointly on an obligation of the association and the association may be joined as a defendant in such an action.

Art. 739. Corporation; limited liability company; insurer

Art. 739. Corporation; limited liability company; insurer Except as otherwise provided in Articles 740 and 741, a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic, foreign, or alien insurer has the procedural capacity to be sued in its corporate or company name. Acts 1999, No. 145, §2.

Art. 740. Corporation; limited liability company; partnership in receivership or liquidation

Art. 740. Corporation; limited liability company; partnership in receivership or liquidation A. Except as otherwise provided by law, the receiver or liquidator of a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic or foreign partnership, appointed by a court of this state is the proper defendant in an action […]

Art. 741. Insurer in receivership

Art. 741. Insurer in receivership The receiver appointed by a court of this state for a domestic insurer is the proper defendant in an action to enforce an obligation of the insurer, or of its receiver. Except as otherwise provided by law, the ancillary receiver appointed by a court of this state for a foreign […]

Art. 742. Trust estate

Art. 742. Trust estate The trustee of an express trust is the proper defendant in an action to enforce an obligation against a trust estate.

Art. 743. Absent or mentally incompetent managing spouse

Art. 743. Absent or mentally incompetent managing spouse If the managing spouse with respect to the obligation sought to be enforced against community property is an absentee or a mental incompetent, then the other spouse is the proper defendant in a suit to enforce that obligation. Added by Acts 1979, No. 711, §4, eff. Jan. […]