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 Reengrossed 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 on the
basis of lack of authentic form 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
no later than July 1, 2016, or one year from the recordation of the act of donation, whichever is later.
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.
The House Floor Amendments to the engrossed bill:
1. Prohibit a party from contradicting a donation inter vivos on the basis of lack of authentic
form.
2. Require the action to assert a nullity to be brought no later than July 1, 2016, or one year
from the recordation of the act of donation, whichever is later.