HLS 12RS-3373 ORIGINAL
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 131
BY REPRESENTATIVE LOPINTO
CIVIL/ACTIONS: Requests the La. State Law Institute to study the testamentary
disposition of the right to bring a survival action pursuant to Civil Code Article
2315.1
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study the testamentary disposition2
of the right to bring a survival action pursuant to Civil Code Article 2315.1 and to3
report its findings and recommendations in the form of specific proposed legislation4
to the legislature on or before January 1, 2013.5
WHEREAS, Civil Code Article 2315.1 provides a survival action in favor of certain6
classes of survivors to the exclusion of others; and7
WHEREAS, the Legislature of Louisiana has provided that this survival action is8
heritable; and9
WHEREAS, mandatory transfer of a survival action to the favored class under Civil10
Code Article 2315.1 may conflict with the decedent's testamentary wishes when the decedent11
has been estranged from the favored class for a considerable length of time; and12
WHEREAS, testamentary disposal of a survival action may result in a more equitable13
distribution of a decedent's assets.14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
urge and request the Louisiana State Law Institute to study the testamentary disposition of16
the right to bring a survival action pursuant to Civil Code Article 2315.1 and to make17
specific recommendations for legislation.18
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted19
to the director of the Louisiana State Law Institute and that the Louisiana State Law Institute20 HLS 12RS-3373 ORIGINAL
HCR NO. 131
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report its findings and recommendations in the form of specific proposed legislation to the1
Legislature of Louisiana on or before January 1, 2013.2
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)]
Lopinto HCR No. 131
Requests the La. State Law Institute to study the testamentary disposition of the right to
bring a survival action pursuant to Civil Code Art. 2315.1 and to report its findings and
recommendations to the legislature.