CHAPTER 12. REVOCATORY ACTION AND OBLIQUE ACTION SECTION 1. REVOCATORY ACTION Art. 2036. Act of the obligor that causes or increases his insolvency An obligee has a right to annul an act of the obligor, or the result of a failure to act of the obligor, made or effected after the right of the obligee […]
Art. 2037. Insolvency An obligor is insolvent when the total of his liabilities exceeds the total of his fairly appraised assets. Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 552, §1; Acts 2004, No. 447, §1.
Art. 2038. Onerous contract made by the obligor An obligee may annul an onerous contract made by the obligor with a person who knew or should have known that the contract would cause or increase the obligor’s insolvency. In that case, the person is entitled to recover what he gave in return only to the […]
Art. 2039. Gratuitous contract made by the obligor An obligee may attack a gratuitous contract made by the obligor whether or not the other party knew that the contract would cause or increase the obligor’s insolvency. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 2040. Contract made in course of business An obligee may not annul a contract made by the obligor in the regular course of his business. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 2041. Action must be brought within one year The action of the obligee must be brought within one year from the time he learned or should have learned of the act, or the result of the failure to act, of the obligor that the obligee seeks to annul, but never after three years from […]
Art. 2042. Obligee must join obligor and third persons In an action to annul either his obligor’s act, or the result of his obligor’s failure to act, the obligee must join the obligor and the third persons involved in that act or failure to act. A third person joined in the action may plead discussion […]
Art. 2043. Assets transferred must be returned If an obligee establishes his right to annul his obligor’s act, or the result of his obligor’s failure to act, that act or result shall be annulled only to the extent that it affects the obligee’s right. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
