HLS 11RS-504 ENGROSSED
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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 28
BY REPRESENTATIVE ABRAMSON
PRESCRIPTION: Requests the La. State Law Institute to study the contractual tolling of
liberative prescriptive periods
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study agreements to voluntarily2
extend liberative prescriptive periods and to make specific recommendations for3
authorizing agreements to extend liberative prescriptive periods.4
WHEREAS, resolution of certain claims frequently cannot be confected within one5
year, particularly in complex matters; and6
WHEREAS, agreements to suspend or toll prescriptive periods have been successful7
in other states; and8
WHEREAS, parties involved in certain actions have, at times, unanimously agreed9
to withhold the filing of suit in order to resolve the disputed issues, but due to Louisiana law,10
particularly, Civil Code Article 3471, suit is required to be filed in order to avoid the11
liberative prescriptive period, even though all parties to the action agree that filing suit at12
that time is not otherwise necessary; and13
WHEREAS, the ability to suspend the liberative prescriptive period when all parties14
agree could be beneficial to the parties and the courts by saving both time and money.15
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby16
urge and request the Louisiana State Law Institute to study agreements to voluntarily extend17
liberative prescriptive periods and to make specific recommendations for authorizing18
agreements to extend liberative prescriptive periods.19
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the20
director of the Louisiana State Law Institute and that the Louisiana State Law Institute report21
its findings and recommendations in the form of specific proposed legislation to the22
Legislature of Louisiana on or before January 1, 2013.23 HLS 11RS-504 ENGROSSED
HCR NO. 28
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HCR No. 28
Requests the La. State Law Institute to study all aspects of agreements to voluntarily extend
liberative prescriptive periods and to make specific recommendations for authorizing
agreements to extend liberative prescriptive periods in the form of specific proposed
legislation on or before Jan. 1, 2013.