Louisiana 2015 2015 Regular Session

Louisiana House Bill HB504 Comm Sub / Analysis

                    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)]
HB 504 Engrossed	2015 Regular Session	Jay Morris
Abstract:  Prohibits the contradiction, under certain circumstances, of a donation inter vivos made
in authentic form.
Proposed law provides that a donation inter vivos in authentic form may not be contradicted to the
prejudice of a bona fide third party in good faith who after its recordation acquires an interest in or
over the immovable property to which the donation relates.
Provides that proposed law shall apply to all donations of immovable property made prior to and on
or after July 1, 2015, and any cause of action to assert the nullity of such a donation shall be brought
within the later of July 1, 2016, or one year from the recordation of the act of donation.
Proposed law emphasizes the intent of the legislature in response to the case of Eschete v. Eschete,
2012-CA-2059 (La. App. 1
st
 Cir. 2/27/2014), 142 So.3d 985, in order to enforce the public records
doctrine and to protect bona fide third parties who rely on such records in good faith.
(Adds R.S. 9:2371.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Add a technical amendment.