CHAPTER 5. PROOF OF OBLIGATIONS Art. 1831. Party must prove obligation A party who demands performance of an obligation must prove the existence of the obligation. A party who asserts that an obligation is null, or that it has been modified or extinguished, must prove the facts or acts giving rise to the nullity, modification, […]
Art. 1832. Written form required by law When the law requires a contract to be in written form, the contract may not be proved by testimony or by presumption, unless the written instrument has been destroyed, lost, or stolen. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1833. Authentic act A. An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed. The typed or hand-printed […]
Art. 1834. Act that fails to be authentic An act that fails to be authentic because of the lack of competence or capacity of the notary public, or because of a defect of form, may still be valid as an act under private signature. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1835. Authentic act constitutes full proof between parties and heirs An authentic act constitutes full proof of the agreement it contains, as against the parties, their heirs, and successors by universal or particular title. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1836. Act under private signature duly acknowledged An act under private signature is regarded prima facie as the true and genuine act of a party executing it when his signature has been acknowledged, and the act shall be admitted in evidence without further proof. An act under private signature may be acknowledged by a […]
Art. 1837. Act under private signature An act under private signature need not be written by the parties, but must be signed by them. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1838. Party must acknowledge or deny signature A party against whom an act under private signature is asserted must acknowledge his signature or deny that it is his. In case of denial, any means of proof may be used to establish that the signature belongs to that party. Acts 1984, No. 331, §1, eff. […]
Art. 1839. Transfer of immovable property A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath. An instrument involving immovable property shall […]
Art. 1840. Copy of authentic act When certified by the notary public or other officer before whom the act was passed, a copy of an authentic act constitutes proof of the contents of the original, unless the copy is proved to be incorrect. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1841. Copy of recorded writing When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1842. Confirmation Confirmation is a declaration whereby a person cures the relative nullity of an obligation. An express act of confirmation must contain or identify the substance of the obligation and evidence the intention to cure its relative nullity. Tacit confirmation may result from voluntary performance of the obligation. Acts 1984, No. 331, §1, […]
Art. 1843. Ratification Ratification is a declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority. An express act of ratification must evidence the intention to be bound by the ratified obligation. Tacit ratification results when a person, with knowledge of an obligation incurred on his behalf […]
Art. 1844. Effects of confirmation and ratification The effects of confirmation and ratification are retroactive to the date of the confirmed or ratified obligation. Neither confirmation nor ratification may impair the rights of third persons. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1845. Confirmation of donation A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation. The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation. Acts 1984, […]
Art. 1846. Contract not in excess of five hundred dollars When a writing is not required by law, a contract not reduced to writing, for a price or, in the absence of a price, for a value not in excess of five hundred dollars may be proved by competent evidence. If the price or value […]
Art. 1847. Debt of a third person and debt extinguished by prescription Parol evidence is inadmissible to establish either a promise to pay the debt of a third person or a promise to pay a debt extinguished by prescription. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1848. Testimonial or other evidence not admitted to disprove a writing Testimonial or other evidence may not be admitted to negate or vary the contents of an authentic act or an act under private signature. Nevertheless, in the interest of justice, that evidence may be admitted to prove such circumstances as a vice of […]
Art. 1849. Proof of simulation In all cases, testimonial or other evidence may be admitted to prove the existence or a presumption of a simulation or to rebut such a presumption. Nevertheless, between the parties, a counterletter is required to prove that an act purporting to transfer immovable property is an absolute simulation, except when […]
§1850. Repealed by Acts 1997, No. 577, §3.
